PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE, AN AGREEMENT MADE BY AND BETWEEN HDC Media AND YOU (“YOU,” “YOUR,” OR “USER”) GOVERNING YOUR USE OF THIS WEBSITE.
This website is owned and operated by HDC Media. By using, visiting, browsing, accessing, or interacting with this website, or other programs, products, services, or software offered by HDC Media or any of its licensees (collectively “services”), you agree that you have read, understand and are in agreement to be bound by these terms. Do not use, visit, browse, access, or interact with any part of this website if you do not agree to these terms.
At the sole authorization and discretion of HDC Media, the website owner may make changes to this agreement at any time, with or without notice to you. Your acceptance of such alterations is implied by your continued use, visitation, browsing, access, or interaction with any part of this website. The most up-to-date and current version of this agreement supersedes all previous versions and can be reviewed at the “Terms of Use” hyperlink at the bottom of every page on the HDC Media website.
ACCESS TO THE WEBSITE
You may be asked to provide particular information or registration details as a condition of your use of this site and the resources it provides. A prerequisite condition of your use of this site is that all the information you provide on this site is current, correct, and complete in nature. HDC Media reserves the right to refuse you access to this site or any of the resources it offers, or to suspend or permanently terminate your access at any time if HDC Media believes the information you provide is not current, correct, and complete.
RESTRICTIONS ON USE
By using, visiting, accessing, browsing, or interacting with this site, you are agreeing to only use this site for purposes expressly permitted by this site. It is a condition of your use of the HDC Media website that you will not use the website for any purpose that is unlawful or prohibited by these terms, notices, and conditions.
You may not, and may not authorize any party to, co-brand this site. For the purposes of this Terms of Use, “co-branding” means to display a logo, name, trademark, or any other means of attribution or identification of any party in such a fashion as is reasonably likely to provide the user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. In addition, you agree to cooperate with HDC Media in causing any unauthorized co-branding or framing immediately to cease. Furthermore, you may not use HDC Media website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
PERMISSIONS ON USE
HDC Media grants permission for you to link directly to HDC Media’s website(s) to direct visitors to the website(s). The page title must be included and directly hyperlinked when hyperlinking to specific content from the HDC Media website. You must attribute the link to “HDC Media” and directly link to heathercooan.com You are explicitly forbidden from using a photo from the HDC Media website without prior permission and you likewise may not alter photos from the HDC Media website for any use. To request permission to use a photo, please email [email protected].
PERSONAL AND NON-COMMERCIAL USE LIMITATION
HDC Media’s website(s) are for your personal and non-commercial use unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without HDC Media’ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to HDC Media’s website(s).
PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by HDC Media (the “Content”) is the proprietary information of HDC Media or the party that provided or licensed the Content to HDC Media, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HDC Media, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of HDC Media. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPERLINKS AND AFFILIATE USE
This site may be hyperlinked to other sites which are not maintained by, or related to HDC Media. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or HDC Media. HDC Media has not reviewed any or all of such sites and is not responsible for the content of those sites. HDC Media is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and HDC Media makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. HDC Media provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by HDC Media of that site or any association with its operators.
HDC Media may receive compensation in the event you purchase products through affiliate links. No additional costs are passed to you for your purchase of a product through an affiliate link. HDC Media may receive monetary compensation or other types of remuneration for my endorsement, recommendation, testimonial and/or link to any products or services from this website. Please review the entire Affiliate Disclosure for more details.
Heather Cooan / HDC Media is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
USE OF COMMUNICATION SERVICES
HDC Media’s websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) includes MP3 format files;
xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
HDC Media reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. HDC Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. HDC Media also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither HDC Media nor any third party that provides Content to HDC Media will assume or have any liability for any action or inaction by HDC Media or such third party with respect to any submission. HDC Media reserves the right to periodically purge any information or content you provide, without any notice.
HDC Media cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. HDC Media does not control or endorse the content, messages or information found in any Communication Service and, consequently, HDC Media specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HDC Media spokespersons, and their views do not necessarily reflect those of HDC Media.
SUBMISSIONS
You hereby grant to HDC Media the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HDC Media through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HDC Media will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HDC Media operations.
HDC Media will treat any personal information that you submit through this site in accordance with its Privacy Policy.
PERSONAL INFORMATION
Our online inquiry forms may solicit visitors to voluntarily provide contact information such as name, email address, phone number, and mailing address and demographic information such as age and how you learned about us. Pursuant to our Privacy Policy, we use this contact data to facilitate communications with visitors. Customers may receive a follow-up email after submitting our online inquiry form and may be further contacted only by the means specified by the customer in the form. Users may request email or telephone contact, or to subscribe to an opt-in newsletter updating them on program activities. The customer’s contact information may be also used to contact the visitor regarding their specific request or to send administrative notices regarding their use of the site. Users may opt-out of receiving future mailings. Demographic and profile data may be collected at our website. We use this data to tailor our visitor’s experience at our website, showing them content that we think they might be interested in, and displaying the content according to their preferences. All collected data is for internal use only and is never shared with third parties.
DISCLAIMER
By visiting, browsing, using, accessing, and interacting with the website(s) of HDC Media, you are understanding and agreeing to the fact that HDC Media cannot and does not warrant or in any way guarantee that files, videos, webpages, or other content available for downloading from the Internet will be free of viruses, worms, spam, Trojan horses or other code that may possess destructive or detrimental properties. As the user, you agree that you are held solely responsible for establishing sufficient security procedures and checkpoints to safeguard your electronic and personal property, to satisfy your specific requirements for accuracy of data input and output, and for maintaining a means external to this site to back up and preserve any lost data. HDC Media does not assume any responsibility or risk for your use of the Internet or the HDC Media websites.
The Content provided on HDC Media, including resources, products, services, material, and information, is not necessarily complete, accurate, and up-to-date. It should not be used to replace medical advice, diagnosis, treatment, care, or prevention of any kind. The Content should also not replace any notices or statements provided by HDC Media.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HDC Media DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
HDC Media DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HDC Media DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HDC Media MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HDC Media, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HDC Media MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and HDC Media does not undertake any obligation to update such information after it is posted, continue to maintain it, or to remove such information from this site if it is not, or is no longer accurate or complete.
MEDICAL DISCLAIMER
No information, material, content, resources, or services on the HDC Media website(s) constitutes medical advice. The information, material, content, resources, and services presented on HDC Media website(s) is strictly informational in nature and unless otherwise noted represents the opinion s of the author. The information, material, content, resources, and services presented on HDC Media website(s) are not intended in any way to be a substitute for medical advice, diagnosis, care, or treatment or for prevention of any disease. Any and all medical care you receive for any health or medical condition should be administered by your medical physician or specialist or otherwise qualified licensed health professional.
Your visitation, access, browsing, interaction, and use of the HDC Media website(s) does not in any way create, nor is it intended to create a physician-patient or a coach-client relationship. By your visitation, access, browsing, interaction, and use of this site, you are agreeing that you shall not make any medical or health-related decision based in whole or in part on anything contained on this site.
Before engaging with any protocol or following any particular recommendations presented by HDC Media, you must consult with your medical physician or specialist or otherwise qualified licensed health professional. None of the opinions, content, information, resources, materials, services, or products on the HDC Media website(s) has been independently evaluated by the FDA. As such, none of the information presented on this site can or should be used to diagnose, treat, prevent or cure any disease or health condition under any circumstances. For additional information, please see the full Disclaimer hyperlink at the bottom of any page.
LIMITATION AND LIABILITY
HDC Media, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HDC Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HDC Media AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HDC Media FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TERMINATION OR RESTRICTION OF ACCESS
HDC Media reserves the right, in its sole discretion, to terminate your access to any or all of HDC Media’ websites and the related services or any portion thereof at any time, without notice.
INDEMNITY
You will indemnify and hold HDC Media, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of HDC Media or the party that provided the trademarks, services marks, logos, and copyrighted works to HDC Media. HDC Media and any party that provided trademarks, service marks, logos, and copyrighted works to HDC Media retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
You may not use HDC Media logos or trademarks in any way that would lead consumers to mistakenly believe that your products, services, and offerings are in any way endorsed by, affiliated with, or related to HDC Media.
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HDC Media, and is protected by copyright and other intellectual property or proprietary rights. All contents of HDC Media’ website(s) are Copyright © 2017 HDC Media. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). HDC Media will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that HDC Media considers insecure, HDC Media will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HDC Media reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. HDC Media reserves the right to investigate suspected violations of these Terms of Use.
HDC Media reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction HDC Media to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS HDC Media FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HDC Media DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HDC Media OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and HDC Media arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Michigan.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HDC Media as a result of this agreement or use of HDC Media’ websites.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and HDC Media with respect to HDC Media’ websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
HDC Media may revise these Terms of Use at any time by updating this posting.
COMMENT POLICY
In addition to the aforementioned rules governing information shared via Communication Services, HDC Media reserves all rights to edit, delete, move, ban, or mark as spam any content or comment at any time. HDC Media also reserves the right to prohibit access via IP address to any individual or group from commenting and making use of forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities.
When a comment is made, HDC Media reserves the right to approve or deny posting of the comment or links. Slander, libel, disrespect, prejudice, and discussion of illegal topics of any kind will not be tolerated. Use of crude language will likely result in the deletion of comments. Likewise, comments that contain proprietary, plagiarized, or copyrighted information will be deleted and the commenter may be blocked from future comments, interactions, and use of the websites. The user should not divulge any private information within comments. Comments containing email addresses, phone numbers, physical mailing addresses, and other personal information may be deleted to protect the privacy of the affected party.
All content contained within blog comments is the responsibility and liability of the individual commenter. By using the comment feature, a user is agreeing that the content he or she is submitting is their own. By submitting a comment, the user is also agreeing to hold the site, heathercooan.com, and all post authors and content creators, harmless.
Users are not permitted to impersonate other individuals. The user should supply her or his first real first name when commenting, or the comment may be deleted or marked as spam, in which case it will no longer be seen by the website owners.
AFFILIATE DISCLOSURE
Heather Cooan / HDC Media is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
EFFECTIVE DATE
This Terms of Use is effective as of April 2017, and shall remain in effect unless modified by HDC Media so should be reviewed periodically for updates. Continued use, visitation, browsing, interaction, or access to this website constitutes acceptance of the revised Terms of Use.
