TERMS OF USE

These Terms of Use ("Agreement") constitute a legally binding agreement between Victoria Herczek (hereinafter referred to as "VH") and you, your ("User").

I. Agreement

By accessing, visiting, browsing, using, or attempting to interact with or use any part of this website, the User agrees to these Terms of Use. The User acknowledges that they have read and agree to be bound by this Agreement. If the User does not agree to be bound by this Agreement, they should not access or use any part of this website. VH reserves the right, with or without prior notice, to make changes to this Agreement. Continued use of any part of this website following any changes constitutes acceptance of those changes.

II. User Representation. The user represents that they are at least 18 years old and are fully able and competent to enter into the terms, obligations, confirmations, representations, and warranties set forth in this agreement and to abide by this agreement. The website is not intended for children, and any access or use by individuals under the age of 18 is prohibited.

III. Ownership of Content. The user agrees that the website, as well as all content, videos, training materials, products, services, and/or other materials made available on the website by us or third parties, and the appearance and operation of all the above (collectively referred to as the "Content") are maintained for personal and informational use by VH and are the property of VH and/or its external providers. The user agrees that such VH Content includes all proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, graphics, photographs, documents, and text, as well as all other materials included on the website, except solely for materials provided by the User. Subject to the user's compliance with these Terms of Use, VH hereby grants the user a limited, non-exclusive, non-transferable, and non-sublicensable license to access, view, and use the website solely for personal purposes. No VH Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way without the express written consent of VH. Modification of Content or use of Content for any other purpose constitutes a violation of copyright and other proprietary rights of VH, as well as other authors who created these materials, and may be subject to damages and penalties. The user may not disseminate, modify, transmit, or use the website content or any content, including any software, tools, graphic files and/or audio files, for public or commercial purposes without the express written consent of VH.

IV. Copyright and Proprietary Rights. All contents such as text, data, graphic files, videos, audio files, and other materials included on the website are protected by copyright unless otherwise noted and are the property of VH and/or VH’s suppliers. No such materials may be used except as provided in these Terms of Use.

V. Trademarks and Proprietary Information. All trademarks, trade names, and depictions and biographical information of individuals used in VH content and included on the website are the property of VH or are used with permission from VH. The user’s use of such content is strictly prohibited unless expressly authorized in this Agreement. Any unauthorized use of the content may violate copyrights, trademarks, and other proprietary rights of VH and/or third parties, as well as privacy and advertising laws and other statutes and regulations. Nothing in this Agreement or the website shall be construed as granting, implicitly or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of VH or the third-party owner. VH respects the copyrights, trademarks, and any other intellectual property rights of others. VH reserves the right, but not the obligation, to remove any content and accounts containing materials that it deems, in its sole discretion, to be unlawful, abusive, threatening, defamatory, obscene, pornographic, or otherwise inappropriate or infringing upon the intellectual property of any party or this Agreement. If the user believes that their intellectual property rights have been infringed and/or that any work belonging to them has been copied in any way on the website or any content, they may notify VH at the email contact provided below. Please provide your name and contact information, the nature of your work and how it is being infringed, any relevant copyright and/or trademark registration information, the location/URL of the infringement, and any other information you feel is pertinent.

VI. User Consent for Notifications. By registering with VH and/or on this website, the user expressly consents to receive from VH any notifications, announcements, offers, agreements, disclosures, reports, documents, communications regarding new products, programs, services, or other records or correspondence from VH. The user agrees to receive notifications electronically via email.

VII. User Submissions. If you submit comments or suggestions to VH regarding the website, including but not limited to notes, text, drawings, images, designs, or computer programs, such submissions shall become and remain the exclusive property of VH. No submission shall be subject to any obligation of confidentiality on the part of VH. VH is the sole owner of all rights (including intellectual property rights) and has the right to use, publish, and distribute all such materials for any purpose, commercial or otherwise, without any acknowledgment or compensation to the user.

VIII. Security Measures. VH will make all reasonable efforts to limit unauthorized access to our data and files. However, no system, whether password-protected or not, can be entirely impenetrable. The user acknowledges that unauthorized third parties may gain access to, view, copy, modify, or distribute data and files stored by the user through the website. Use of the website is solely at the user’s own risk.

IX. Disclosure of Personal Information. VH will not intentionally disclose any personally identifiable information about the user to third parties except when VH, in good faith, believes that such disclosure is necessary to comply with the law or enforce this agreement. By using the website, the user agrees to VH's privacy policy. If you do not agree to this privacy policy, in whole or in part, please do not use this website.

X. Conditions of Paid Offers. For all paid offerings the following terms apply:

1a. The user authorizes VH to charge their payment account provided during registration, which includes billing information and payment details, and to transfer funds on their behalf to VH.

2b. The user agrees to provide accurate information regarding their payment account, to have the right and authorization to use the payment account, and that they own the payment account and will notify VH of any changes to the payment account information. For cancellations and any inquiries, please email info@victoriaherczek.com.

3c. Excessive returns will not be accepted. Returns will not be granted to any customer for any specific product more than once. There is no limit on the number of orders a customer may place for any specific product, but if there is a money-back guarantee offer, it becomes void after the customer has once used it for any specific product. From time to time, VH may offer the opportunity to purchase additional products and services at a discounted rate for certain products.

4d. All programs (in. a. e-books, workbooks, meditations) on the website, once accessed, are non-returnable, and all sales are final.

5e. For VH EBOOKS: This product (or multiple purchases of this Product) IS NON-RETURNABLE, and all sales transactions are final.

6f. VH reserves the right to change content options (including entitlements to specific features) or remove access without notice to previously purchased offers or content that is no longer valid or deemed outdated.

7g. Neither VH nor any other party involved in creating, producing, or maintaining the website and/or any content on the website shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages resulting from access to or use of the website. VH makes no warranties and makes no representations about the use of the materials on the website, the results of using such materials, the fitness of such materials for any user needs or the likelihood that their use will meet user expectations, nor their correctness, accuracy, reliability, or completeness. VH does not intend to provide any health or medical advice. The website and its information or content are not intended for diagnosing, treating, or preventing any disease. The website and its information or content should not be treated as a substitute for professional medical advice or treatment. All health or medical decisions, including those regarding diet, nutrition, and exercise, should be made only after consulting with your own physician and only in accordance with your physician's advice. VH disclaims all liability for any undesirable reactions, effects, or consequences, direct or indirect, arising from the use of the website and its information or content. You alone assume the risk related to any food you purchase, prepare, or consume, as there may be contamination from pathogens, chemicals, or foodborne illnesses, as well as other risks related to preexisting conditions, allergies, illnesses, stomach, blood, or immune disorders. VH provides the website and its information or content "as is" and disclaims all warranties, express or implied, including those relating to accuracy, truth, scientific basis, or research. All statements are opinionated and for information and entertainment purposes only.

8h. In no event shall VH be liable for any special, incidental, indirect, punitive, or consequential damages resulting from reliance on or use of any material, data, or information in the website, even if VH has been advised or is aware of the possibility of such damages. This limitation shall apply even if VH was advised of or aware of the possibility of such damages. In no event shall the total liability of VH and their respective affiliates, associates, service providers, content providers, employees, contractors, agents, owners, board members, directors, members, managers, whether such claim is based on contract, tort, or otherwise, exceed the amount of 100 USD or the amount paid by the user for subscription fees to date of the claim, whichever amount is greater.

9i. The user agrees to indemnify and hold harmless VH and each of its directors, officers, employees, and agents from any and all liabilities, claims, damages, and expenses, including reasonable attorney's fees, arising out of or related to the user's breach of this Agreement, any violation by the user of any law or rights of any third parties, any materials, information, works, and/or other content of any kind or media that the user posts or shares on the website or through it, the user's use of the website or any services that VH may provide through the website, and the user's conduct in connection with the website or services and any other users of the website or services. VH reserves the right to assume the exclusive defense of any claims for which we are entitled to indemnification under this provision. In such case, the user is required to provide VH with such cooperation as is reasonably requested by VH.

10j. The provisions of these Terms of Use are for the benefit of VH, its affiliates, associates, and third-party content providers and licensors, each of whom shall have the right to enforce and seek remedies for violations of such provisions directly or in their own name.

11k. This agreement shall be governed by and construed in accordance with the laws, without regard to any principles of conflicts of law. The user is subject to the jurisdiction of the court. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. No waiver of any provision of this agreement shall be deemed a further or continuing waiver of such provision or any other provision, and any failure to assert a right or provision under this agreement shall not constitute a waiver of such right or provision. These Terms of Use and the Privacy Policy constitute the entire agreement between the user and VH regarding the user's use of the website.

For any complaints or concerns regarding VH and/or this agreement, please contact VH at: info@victoriaherczek.com.