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Terms of Service:

The Dr. Gwen International Terms of Service


Terms of Service Agreement



 


Welcome to The Dr. Gwen International, Inc., operated by The Dr. Gwen International , located at 2657 G Annapolis Rd. Suite 452, Hanover, MD. By using this website associated with Dr. Gwen International Inc., the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of The Dr. Gwen International, Inc. ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or The Dr. Gwen International, Inc. Privacy Policy, do not use the Service.


 


This Agreement is subject to change by The Dr. Gwen International, Inc. at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following The Dr. Gwen International, Inc. posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.


PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.


 


Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by The Dr. Gwen International, Inc. from time to time, such modifications to be effective upon posting by The Dr. Gwen International, Inc. on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.


 



  1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.


 



  1. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:


 



  1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

  2. You have read and understand this Terms of Service; and

  3. You agree to this Terms of Service on behalf of the Subscribing Entity.


 


Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of The Dr. Gwen International, Inc., which may be revoked at any time, for any reason, in The Dr. Gwen International, Inc.’s sole discretion.


 



  1. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify The Dr. Gwen International, Inc. of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Dr. Gwen International, Inc. will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your The Dr. Gwen International, Inc. account.


 



  1. 4. Your Use of the Websites


 



  1. You may not browse or download illegal content.


 



  1. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by The Dr. Gwen International, Inc..


 



  1. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).


 



  1. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.


 



  1. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.


 



  1. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.


 



  1. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).


 



  1. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.


 



  1. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:


 



  • Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in The Dr. Gwen International, Inc.’s sole and reasonable discretion;

  • Any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

  • Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in The Dr. Gwen International, Inc.’s sole and reasonable opinion;

  • Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or

  • Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.



  1. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.


 



  1. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.


 



  1. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.


 



  1. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any The Dr. Gwen International, Inc. employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.


 



  1. You must not sell or transfer, or offer to sell or transfer, any The Dr. Gwen International, Inc. account to any third party without the prior written approval of The Dr. Gwen International, Inc.


 



  1. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.


 



  1. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by The Dr. Gwen International, Inc. or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of The Dr. Gwen International, Inc.’s servers, system or network or attempt to breach The Dr. Gwen International, Inc.’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking The Dr. Gwen International, Inc.’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of The Dr. Gwen International, Inc. under these Terms of Service, The Dr. Gwen International, Inc. reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.


 


You agree to comply with the above conditions, and acknowledge and agree that The Dr. Gwen International, Inc. has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.


 



  1. Representations and Warranties. You hereby represent and warrant to The Dr. Gwen International, Inc. as follows:


 



  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize The Dr. Gwen International, Inc. to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.


 



  1. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.


 



  1. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.


 



  1. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.


 



  1. Your Content does not and will not create any liability on the part of The Dr. Gwen International, Inc., its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.


 


The Dr. Gwen International, Inc. reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.


 



  1. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at info@thedrgwen.com. If you resign or cancel your membership and/or subscription to The Dr. Gwen International, Inc., to help The Dr. Gwen International, Inc. analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. The Dr. Gwen International, Inc. may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to The Dr. Gwen International, Inc. If The Dr. Gwen International, Inc. terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of The Dr. Gwen International, Inc. The Dr. Gwen International, Inc. is not required to provide you notice prior to terminating your membership and/or subscription. The Dr. Gwen International, Inc. is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.


 



  1. Modifications to Service. The Dr. Gwen International, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Dr. Gwen International, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


 



  1. Blocking of IP Addresses. In order to protect the integrity of the Services, The Dr. Gwen International, Inc. reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.


 



  1. Content.

  2. Proprietary Rights. The Dr. Gwen International, Inc. retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of The Dr. Gwen International, Inc., and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on The Dr. Gwen International, Inc. is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of The Dr. Gwen International, Inc. and for The Dr. Gwen International, Inc.’s Members' use only. Distribution of Content to others is strictly prohibited. You agree that The Dr. Gwen International, Inc. would be irreparably harmed by any violation or threatened violation of this section and that, therefore, The Dr. Gwen International, Inc. shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.


 


We may provide links to third party websites, and some of the content appearing on The Dr. Gwen International, Inc. may be supplied by third parties. The Dr. Gwen International, Inc. has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.


 



  1. Ownership of Your Content; Licenses.


You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of The Dr. Gwen International, Inc. This shall have no effect on Sections ___ (Copyright Policy), _____ (Limitation of Liability), and _____ (Indemnity by You) of this Agreement.


 


However, with respect to Your Content, The Dr. Gwen International, Inc. grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.


 


Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.


 



  1. Restrictions on Use of Materials. You acknowledge that The Dr. Gwen International, Inc. contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and The Dr. Gwen International, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.


 



  1. Copyright Policy. The Dr. Gwen International, Inc. prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.


 


Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:


 


2657 G. Annapolis Rd. Suite 452 Hanover, MD 21076


 


If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to The Dr. Gwen International, Inc. at the address shown above, giving a written statement that contains:


 



  1. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;


 



  1. identification of the allegedly infringing material on the Site that is requested to be removed;


 



  1. your name, address, and daytime telephone number, and an e-mail address if available;


 



  1. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;


 



  1. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and


 



  1. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.


 


The Dr. Gwen International, Inc. will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.


 



  1. Liability for Content. You hereby acknowledge and agree that The Dr. Gwen International, Inc. (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, The Dr. Gwen International, Inc. excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.


 


You hereby acknowledge and agree that The Dr. Gwen International, Inc. cannot and does not review the Content created or uploaded by its users, and neither The Dr. Gwen International, Inc. nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.


 


The Dr. Gwen International, Inc. and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against The Dr. Gwen International, Inc. or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.


 



  1. Repeat Infringers. The Dr. Gwen International, Inc. will suspend or terminate your access to the Websites if The Dr. Gwen International, Inc. determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.


 


If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.


 


We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by The Dr. Gwen International, Inc. at its sole discretion.


 


Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.


 



  1. Limitation of Liability. In no event shall The Dr. Gwen International, Inc. be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from The Dr. Gwen International, Inc. or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.


 


The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Dr. Gwen International, Inc. makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL The Dr. Gwen International, Inc., ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF The Dr. Gwen International, Inc. HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.


 


TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL The Dr. Gwen International, Inc. HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF The Dr. Gwen International, Inc. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.


 


In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of The Dr. Gwen International, Inc. and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to The Dr. Gwen International, Inc. during the six months prior to notice to The Dr. Gwen International, Inc. of the dispute for which the remedy is sought.


 



  1. Indemnity by You. You agree to indemnify and hold The Dr. Gwen International, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:


 



  1. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;


 



  1. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;


 



  1. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of The Dr. Gwen International, Inc..


 



  1. Attorney Fees. In the event that The Dr. Gwen International, Inc. is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for The Dr. Gwen International, Inc.’s attorneys' fees and costs.


 



  1. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.


 



  1. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy, located at http://thedrgwen.com/web-site-terms-and-conditions-of-use/


 



  1. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Maryland with the same force and effect as if such service had been made within the State of Maryland. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.


 



  1. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Maryland, County of Anne Arundel. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Maryland, County of Anne Arundel.


 



  1. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.


 



  1. Availability Outside the U.S. If you access The Dr. Gwen International, Inc. from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.


 



  1. Entire Agreement. This Agreement contains the entire agreement between you and The Dr. Gwen International, Inc. regarding the use of the Websites and/or the Service.


 



  1. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, The Dr. Gwen International, Inc.’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect The Dr. Gwen International, Inc.’s ability to enforce such term at any point in the future.


 



  1. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.


Please contact us with any questions regarding this agreement.


 


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.





Heights Platform Terms of Service

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to them as amended in order to have our permission to use our Site and Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;

“Program” refers to the account created by a User in which they will use our Service and build their education content.

“Student” refers to a person who signs up to use the Program which the User has created;

“You” refers to you, the person who is entering into this Agreement with Heights.

3. Corporate Information

Heights is owned and operated by Velora Studios, LLC, a Limited Liability Company formed and doing business in the State of Delaware, and registered with the Delaware Department of State’s Division of Corporations under File Number 4658163. Any legal documents to be served or other queries should, unless otherwise provided or required by this Agreement, our Privacy Policy, or any provision of any applicable law, be sent via certified mail to:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

4. Heights’ Purpose

Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Heights, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. If you live in a jurisdiction other than the United States and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
  • You must sign up for only one account (this includes, but is not limited to, a prohibition on repeatedly signing up for different accounts to take advantage of more than one free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
  • You must be authorized by the holder of any payment method to use their account for the purposes of signing up for our Service.

6. Disclaimer

Heights provides its Service on an as-is basis and, notwithstanding any other statements or examples given on our Site or elsewhere, makes no representations as to how Heights can be best used by any specific User or Student. You agree that you bear the sole responsibility of determining whether the Heights App is suitable for your use, and that Heights shall not be liable for any losses which result from the use of our Service.

7. Rules of Use

Once you have met our eligibility criteria described above and paid the appropriate fee to Heights as a User, or signed up under a User's Program as a Student, you will be provided with access to our Service. Although you have met the preliminary requirements to use our Service, there are certain additional rules which apply before, during, and subsequent to your registration with Heights. You must not:

  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
  • Be fraudulent or negligent when making payments to us (such as by using someone’s credit card without authorization, or using a card which you know will have the payment reversed for any reason).
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise, or attempt to compromise the security or integrity of the Heights Site, Service, App, or its Users’ computers.
  • Scrape data or scan the Site, Service, or App.
  • Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
  • Do anything else which, at the discretion of Heights, could harm the safety or legal interests of Heights or any third party, including but not limited to other Users or Students.

Fair Use Policy for Unlimited Uploading and Bandwidth: Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students). This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control) is higher than 99% of Users on our App in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.

8. Payment, Billing, and Refunds

All payments are processed by our third party payment processor, Stripe, and payment may be made to them by Visa, MasterCard, American Express, JCB, Discover, and Diners Club cards. All prices on our Site, unless otherwise stated, are listed in United States dollars.

We may decide to apply varying payment plans from time to time. For example, we may require that you pay one lump sum for the purchase of our App, or we may rebill you on a recurring subscription basis. In either case, payment terms and, if applicable, rebilling periods shall be posted on our Site and are hereby incorporated into this Agreement by reference. If two or more listed payment terms conflict with each other, the one most beneficial to Heights shall take precedence.

You may cancel your subscription at any time. Refunds will be provided in full within the first thirty days of your subscription if for any reason you are not satisfied with our Service and notify us of your request for a refund within that time. After thirty days beyond your initial purchase, we will not be obliged to provide any refund, even on a pro rata basis. You may cancel your Service at any time after the initial thirty days and you will continue to have access to our Service until the end of the most recently paid subscription period, if applicable.

Should payment plans change or increase after an initial subscription, current Users will either have the option of staying on their current plan or may be grandfathered into the new subscription plan at their current subscription plan’s rate for a period of one year.

Active Student limits on subscription plans for accounts created on or after January 1st, 2023:

An "Active Student" is a Student in a User's Program who is currently able to login, access at least one product, and is not marked by you as "deactivated". Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:

  • Overage of up to 10% above the plan limit for a single month on plans offering 5000 active students or more.
  • Overage of up to 50 students above the limit for a single month on plans with limits of 100 active students.

An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.

Active Student limits on subscription plans for accounts on legacy plans created before January 1st, 2023:

An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:

  • Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
  • Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.

An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.

9. Discounts

Heights may, but is not obligated to, provide discounts, including but not limited to an initial thirty day free trial offer for the use of our Service. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Heights shall take effect. Discounts may not be applied to past payments.

Heights may refuse to provide such discounts for any reason including, but not limited to, fraud, unauthorized accounts (such as multiple accounts being used to take advantage of a one-time offer repeatedly), mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

10. Chargebacks, Credit Card Cancellations, and PayPal Disputes

Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due to a chargeback or similar reversal, Heights shall be entitled to recover that amount from the User as liquidated damages, as well as our reasonable attorneys’ fees, court costs and disbursements, and/or collection agency fees required to collect these liquidated damages.

Please note that this restriction on chargebacks is designed to prevent fraud and keep our costs low, which allows us to offer lower prices for our Service. Users may of course bring disputes against us in accordance with the “Forum of Dispute” provisions found further below.

As a User of our App, if a Student requests a refund from you, it is your responsibility to handle this with your Student. Heights does not collect payments from your Students. Heights is not a Merchant of Record platform. Any disputes of Student payments are between the Student, User, and the third-party payment processor the User chooses to use. As a User with Students, it is your responsibility to have your own terms, privacy policy, and refund policy in place and follow all applicable laws. Further, while Heights provides email support to its Users, Heights does not offer email support to the Students of its Users.

11. Third Party Charges

Because Heights may be used with a mobile device, certain third party SMS charges, data charges, and other fees may be applied in relation to your use of our Service. You agree that you are responsible for tracking and paying these charges, and that Heights shall not be liable to you for such charges.

12. Limited License

Heights is provided as licensed software to you. When you provide the proper payment to us or otherwise meet the requirements to use our App (such as by being eligible for a trial offer), you are authorized to use one account for our software at the price given. You may not distribute this software, copy it, reverse engineer it, or otherwise tamper with it or reproduce it. Heights reserves the right to revoke our license for our App’s use at any time.

13. Server Maintenance and Other Downtime

At time, Heights may have server downtime or other Service outages for reasons including, but not limited to, server maintenance, legal compliance, security issues, or other business operations. You agree that we are not liable for any losses incurred by you as a result of such downtime, and that you should have a backup plan in place if you are relying on our Service for any purpose which could cause a loss to you if our Service became unavailable.

14. Our Copyright

Heights expended much effort on developing its App and ensuring that it is unique from other Apps. Copying our App or any portion thereof could, in addition to being prohibited generally by intellectual property law, harm our business. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including our App, without receiving our prior written permission.

15. Your Copyright

Heights must be assured that it has the right to use the content that is uploaded using its App. Such content may include, but is not limited to, arrangements of data by Users in which a copyright subsides. Whenever submitting content to us through our App, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use the content that you submit to us for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

16. Trademarks and Service Marks

“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora Studios icon are registered trademarks used by us, Velora Studios, LLC, to uniquely identify our Site, Service, and business. Additionally, the service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally by the provisions of the Lanham Act, as well as various status prohibiting unfair competition and the common law tort of passing off. You agree not to use our marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site, App, or their design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own App or other directly or indirectly competing business.

17. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

18. Copyright & Trademark Infringement

Users must not post any information that infringes on anyone’s copyright. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at support@heightsplatform.com. Since we request notification by e-mail, an electronic signature is acceptable.


Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

19. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR APP AS IT APPLIES TO YOU.

WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY PAYMENT ISSUES WHICH YOU MAY HAVE.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

20. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Heights provides an App to its Users as a service. Heights is not a marketplace, and is not responsible for any interactions between its Users and their Students.

21. Choice of Law

This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.

22. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to hear civil matters in the State of Texas (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

If for any reason the provisions in this section as to the proper forum of dispute are found to be unenforceable and another state may have jurisdiction over such disputes, you agree that this section shall apply as analogously as possible in that other state, including but not limited to the requirement that the dispute be brought in that state’s small claims court.

23. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

24. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Heights shall have the sole right to elect which provision remains in force.

25. Non-Waiver

Heights reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

26. Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

27. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

28. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page every time you access our Site or Service, and if you do not agree to any changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at support@heightsplatform.com so that we may disable your account.

29. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: August 31, 2023

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Privacy Policy:

The Dr. Gwen International Privacy Policy


The Dr. Gwen International, Inc.


Privacy Policy and Cookie Policy


May 24, 2018


 


 


Background:


The Dr. Gwen International, Inc., understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.


 


This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.


 



  1. Definitions and Interpretation


In this Policy the following terms shall have the following meanings:


 





“Account”
means an account required to access and/or use certain areas and features of Our Site;


“Cookie”
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;]


“Our Site”
means these website, http://thedrgwen.com; http://frompassiontoearnings.com; http://passionstoearnings.com;  http://thethrivingmoms.com http://liveyourpassiontoday.com http://livingyourpassiontoday.com


“United States and EU Cookie Law”
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and]


“We/Us/Our”
means The Dr. Gwen International Inc., a corporation registered in the United States of America, Maryland under The Dr. Gwen International, Inc., whose registered address is 2657 G Annapolis Road, Ste. 452 Hanover, MD 21076]




  1. Information About Us

    • Our Sites, http://thedrgwen.com; http://frompassiontoearnings.com; http://passionstoearnings.com; http://thethrivingmoms.com http://liveyourpassiontoday.com  http://livingyourpassiontoday.com  are owned and operated by The Dr. Gwen International Inc, corporation registered in the United States, Maryland under The Dr. Gwen International, Inc., whose registered address is 2657 G Annapolis Road, Ste. 452 Hanover, MD 21076]

    • Gwen Smith, our data protection officer, who can be contacted at info@thedrgwen.com]

    • We are regulated by the state of Maryland.




 



  1. Scope – What Does This Policy Cover?


This Privacy Policy applies to your use of Our Sites as listed above. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.


 



  1. What Data Do We Collect?


Some data will be collected automatically by Our Site (for further details, please see section 12 on Our use of Cookies and Our Cookie Policy other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:



  • [Name;]

  • [date of birth;]

  • [gender;]

  • [business/company name]

  • [job title;]

  • [profession;]

  • [contact information such as email addresses and telephone numbers;]

  • [demographic information such as post code, preferences and interests;]

  • [financial information such as credit / debit card numbers;]

  • [IP address (automatically collected);]

  • [web browser type and version (automatically collected);]

  • [operating system (automatically collected);]

  • [a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);]


 



  1. How Do We Use Your Data?

    • All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.

    • We use your data to provide the best possible products and services to you. This includes:

      • [Providing and managing your Account;]

      • [Providing and managing your access to Our Site;]

      • [Personalising and tailoring your experience on Our Site;]

      • [Supplying Our [products and] services to you;]

      • [Personalizing and tailoring Our [products and] services for you;]

      • [Responding to communications from you;]

      • [Supplying you with email Insert Type of Email e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by clicking the link at the bottom of the email.

      • [Market research;]

      • [Analyzing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience;]



    • In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.

    • With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone AND/OR text message AND/OR postal mail with information, news and offers on Our products AND/OR We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

    • Advertisers whose content appears on Our Site may engage in what is known as “behavioral advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.]

    • Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

      1. you have given consent to the processing of your personal data for one or more specific purposes;

      2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

      3. processing is necessary for compliance with a legal obligation to which we are subject;

      4. processing is necessary to protect the vital interests of you or of another natural person;

      5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

      6. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child..






 



  1. How and Where Do We Store Your Data?

    • We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct a   biennial review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:




We keep data on file for a minimum of up to 5 years as may legally be required



  • Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.


Stored behind fire wall, website is SSL password protected



  • Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

  • Steps We take to secure and protect your data include:

    • Securing on security compliant storage sites: Dropbox and Amazon S3. Firewall and Password protected local data storage. SSL and Sitelock protected sites.



  • Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.


 



  1. Do We Share Your Data?

    • We may share your data with other companies in Our group. This includes [Our subsidiaries] AND/OR [Our holding company and its subsidiaries].

    • We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:




Convertkit—email and first name


Paypal-Credit Card processing details


Stripe-Credit card processing details


Teachable and Thinkific online course delivery


Webinar Ignition-Live online training


Zoom—Live online training


 



  • [We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymous and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.]

  • In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.


 



  1. What Happens If Our Business Changes Hands?

    • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

    • In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will [not, however, be given the choice to have your data deleted or withheld from the new owner or controller..




 



  1. How Can You Control Your Data?

    • When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account.

    • You may also wish to sign up to one or more of the preference services operating in the United States: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.



  2. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it

    • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

    • You may restrict your internet browser’s use of Cookies. For more information, see section 12 and Our Cookie Policy You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.




 



  1. How Can You Access Your Data?


You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at info@thedrgwen.com or by using the contact details below in section 14. Alternatively, please refer to Our Data Protection Policy



  1. What Cookies Do We Use and What For?

    • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

    • By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for marketing and advertising services. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.

    • All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.

    • Before [any] Cookies are placed on your computer or device, subject to section 12.5 AND/OR [section 12.8], you will be shown a message bar. requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.

    • Certain features of Our Site depend on Cookies to function. United States and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.




 


and the following third party Cookies may be placed on your computer or device:


 





Name of Cookie
Purpose
Strictly Necessary


Timer
To Alert you to expiration dates
Yes



 


 



  • Our Site uses analytics services provided by Google and Facebook. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

  • The analytics service(s) used by Our Site use(s) Cookies to gather the required information. Certain of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below in section 12.10.

  • The analytics service(s) used by Our Site use(s) the following Cookies:


 





Name of Cookie
First / Third Party
Provider
Purpose


Pixels
Third`
Facebook
Anonymous Data to us for analysis as we do not have identification of people


UA_ Code
Third
Google
Anonymous Data to us for analysis as we do not have identification of people



 



  • You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

  • You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

  • It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.]



  1. Summary of Your Rights under GDPR


Under the GDPR, you have:



  • the right to request access to, deletion of or correction of, your personal data held by Us;

  • the right to complain to a supervisory authority;

  • be informed of what data processing is taking place;

  • the right to restrict processing;

  • the right to data portability;

  • object to processing of your personal data;

  • rights with respect to automated decision-making and profiling (see section 14 below).


To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 15 below.



  1. Automated Decision-Making and Profiling


14.1        In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.


14.2 The right described in section 14.1 does not apply in the following circumstances:



  1. The decision is necessary for the entry into, or performance of, a contract between the You and Us;

  2. The decision is authorised by law; or

  3. You have given you explicit consent.


 



  • Where We use your personal data for profiling purposes, the following shall apply:

    1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;

    2. Appropriate mathematical or statistical procedures will be used;

    3. Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and

    4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.




14.5 We currently profile your personal data for the following purposes:


To communicate with you and following for mutual business relations



  1. Contacting Us


If you have any questions about Our Site or this Privacy Policy, please contact Us by email info@thedrgwen.com by telephone on 888.315.6766, or by post at 2657 G Annapolis Rd. Suite 452, Hanover, MD 21076. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).



  1. Changes to Our Privacy Policy


We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.


 


COOKIES POLICY


About cookies

This website uses cookies.  By using this website and agreeing to this policy, you consent to The Dr. Gwen International's use of cookies in accordance with the terms of this policy.


 


Cookies are files sent by web servers to web browsers, and stored by the web browsers.


 


The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.


 


There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.


 


Cookies on our website

The Dr. Gwen International uses the following cookies on this website, for the following purposes:


 



  • Timers


 


Google cookies


The Dr. Gwen International uses Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]


 


 


The Dr. Gwen International publishes Google AdSense interest-based advertisements on this website.  These are tailored by Google to reflect your interests.  To determine your interests, Google will track your behaviour across the web using cookies.  You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences.You can opt-out of the AdSense partner network cookie at: http://www.google.com/privacy_ads.html.  However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.


 


Facebook third party cookies

When you use this website, you may also be sent the following third party cookies, which may be used for the following purposes:


 



  • Tracking pages visited

  • Running analytics

  • Retargeting Facebook Ads


 


Refusing cookies


 


Most browsers allow you to refuse to accept cookies.


In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.


In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.


Blocking cookies will have a negative impact upon the usability of some websites.






Heights Platform Privacy Policy

We believe that privacy is important. As such, we only collect the information needed to conduct business and improve your experience. We will never sell your data and we will not share your data without your permission. Our Privacy Policy below, and our list of Subprocessors covers a list of the data we collect, how and why we use it, and where it is kept.

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. This Privacy Policy, like our Terms of Service, is an integral part of using our service, and you must completely agree to it in order to use our website and service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Privacy Policy” refers to this Privacy Policy;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“Subprocessor” refers to an entity which processes personal data on behalf of Heights so that we can provide our Service;

“User” refers to users of our App, and general visitors to our Site;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, credit card information, IP address, time zone information, password, and any other information that we may deem relevant to provide our Service to you. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy. We will never sell your personal info to third parties, and we won’t use your name or company in our marketing materials without your permission.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

  • Enhance or improve User experience, our Site, or our Service.
  • Process transactions.
  • Send e-mails about our Site or respond to inquiries.
  • Target advertisements that we believe may be of interest to you.
  • Provide you with our Service (such as by storing data of courses and lessons you create on our servers so that you may access them using the App).
  • Provide support to help you improve your program and or courses within them.
  • Tracking behavior metrics for improvement of our Service. Please note that although we may track User behavior (e.g., last login date and percentage of lessons completed, last lesson views, numbers of students and courses in a program), we will not store and track sensitive payment information on our servers. Payment information is instead stored by a PCI compliant third party vendor (Stripe).
  • If Heights merges with or is acquired by another company. Should this ever happen, we will notify you before any personal information is transferred and becomes subject to a different policy.
  • Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to create a session and remember a User as they use our Site, in order to distinguish them from other Users. We also use them to remember your preferences, compile statistical data about the usage of our Site, protect against malicious usage of our Site and optimize the speed of our Site. For this reason, it is necessary that you enable cookies in your browser in order to use our Service, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system. There are four primary uses for different types of cookies we may use:

Cookie Type Purpose
Operation Essential These cookies are necessary for us to provide our Service. They help to recognize your account status, protect your account security, and remember your preferences.
Analytics These cookies help us to maintain and continuously improve our Service. We use this type of cookie to help improve your experience using our Service.
Advertising We use these cookies to serve advertisements that we believe may be relevant to your interests, and to measure the effectiveness of these advertisements. We also may use the information provided by this type of cookie for frequency capping purposes (ie: to ensure we are not serving the same advertisement to you too many times).
Third Party Subprocessors and other businesses we have contracted may use cookies for the same purposes as described above.

Revoking permission of certain cookies that are not operation essential for us to provide our service:

Heights uses the Facebook Conversion Tracking Pixel, a service of Facebook, Inc. (https://www.facebook.com/policy.php). This cookie is an advertising type cookie which allows us to record the results of our advertisement performance for marketing purposes. You can revoke the permission for Facebook to track this at the following link: https://www.facebook.com/ads/website_custom_audiences/

Heights uses Google Analytics, a service of Google, Inc. (https://policies.google.com/privacy?hl=en) which allows us to track visits to our website and other browser data so that we can improve your experience. Our particular use of Google Analytics keeps your IP address anonymized before Google records it. This anonymized, or masked IP address, will not be connected to any other data on Google. This is an analytics type cookie. You can prevent analysis of your browser behavior across all websites using Google Analytics by installing this browser plugin: http://tools.google.com/dlpage/gaoptout. Google Analytics Advertising Features may also use anonymized insights into your device behaviors, and you can access and or delete such data via Google's "My Activity" page.

7. Third Party Websites

Heights may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Heights, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Heights bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Heights to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. A current list of vendors is available upon request.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use the following third party services which may also store data about you:

Supplier Data Type Anonymized Discarded Archived
Airbrake Error logs
Algolia Search queries Yes Automatically after ~24 hours
Amazon Web Services Media files Yes
ActiveCampaign Email, name
ActiveCampaign Browser identifiers
CloudFlare Media files Yes After trial or subscription ended
Continually Email, name
Continually Browser identifiers
Google Analytics Browser identifiers Yes
Help Scout Email, name
Help Scout Browser identifiers
Heroku Email, name After trial or subscription ended
Heroku Password Bcrypt encryption After trial or subscription ended
Heroku Account data/media files After trial or subscription ended
Plerdy Browser identifiers Yes Automatically after 6 months
Posthog Account analytics Yes After trial or subscription ended
OpenAI Account data After trial or subscription ended
Scout APM Operation heuristics Yes
Segment Browser identifiers
Segment Email, name
Segment Account analytics
Sendgrid Email, name
Stripe Credit card data PCI Compliant
Transloadit Media files Yes Automatically after ~24 hours
  • Anonymized: Any data that could be used to identify the data subject is scrubbed, or a specific encryption policy is used in a case where data is not anonymized.
  • Discarded: Data is destroyed automatically without requiring a request by data subject
  • Archived: Data can only be accessed by Heights founder.

You authorize us to allow third party Site and App visitors to view and download data to their respective devices (not limited to mobile phones, tablets, laptops, computers), whether these third party visitors access this content via our Site, App or view and download this content via any mobile application which displays it. Without limiting generality, you understand that the ability of other parties to view information you save in our App and Site is a part of the Service we are providing to you.

9. Release of Your Information for Legal Purposes

At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, unless we are legally prevented from it, we will notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Heights since, by providing such information, you agree to receive communication from us other anyone else covered under this Privacy Policy. However, you may unsubscribe from marketing communications by clicking on the unsubscribe links in our marketing emails, or by notifying Heights that you no longer wish to receive solicitations or information and we will remove you from the database. We may still send certain transactional emails required in order to provide you notice to important alerts regarding your account in our Service.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, such as by using SSL Certificates. Your data is encrypted in transit between you and Heights for account and payment related pages. Should you be accessing our service through a custom domain (ie: a domain other than heightsplatform.com), ensure that the domain used to access our service also has HTTPS if you want your data to be encrypted throughout our entire App. We make routine, secure backups of your data, and we use multiple techniques to eliminate points of failure. We also conduct security reviews on our Service periodically and ensure that third party contractors and employees only have access to the information that is necessary for them to perform their job. However, we make no representations as to the security or privacy of your information. It is in our best interest to keep our website secure, but we recommend that you exercise precautions and use anti-virus software, firewalls, and other precautions such as not telling others your password to protect yourself from security threats. If you need to report an exploit, or you have noticed and incident with your account, please contact us at security@heightsplatform.com.

12. Security Breach Notifications

In the event that your private data are disclosed to unauthorized people (ie: hackers), Heights will send email notifications to all possibly affected parties. We may also make an announcement on our Site directly.

13. Deleted Data

We retain your personal information for the duration of our business relationship, and afterwards for as long as necessary for legitimate business purposes until you exercise your right to erase your personal information. When you request your account and personal information be deleted, we’ll ensure that nothing is stored on our servers past 30 days. Data that you choose to delete from your account while it is active will also be deleted within 30 days, though most data is deleted instantly.

14. GDPR Rights

The General Data Protection Regulation (“GDPR”) gives people under its protection certain rights with respect to their personal information collected by us on the Site. Accordingly, Heights recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:

  • Right to Be Informed. This is your right to know how we will process your data, who will process it, and where it might be located.
  • Right to Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
  • Right to Rectification. This is your right to request correction errors and updating of incomplete information.
  • Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the "Right to deletion" or "Right to be forgotten"). However, if applicable law requires us to comply with your request to delete your information, fulfillment of your request may prevent you from using Heights services and may result in closing your account.
  • Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed.
  • Right to Object. This is your right, in certain situations, to object to how or why your personal information is processed.
  • Right to Portability. This is your right to receive the personal information we have about you and the right to transmit it to another party.
  • Right to not be subject to Automated Decision-Making. This is your right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, if the decision is necessary for performance of any contract between you and us, is allowed by applicable European law, or is based on your explicit consent.

Many of these rights can be exercised by logging in to our App and directly updating or deleting your account data. If you have any questions about exercising these rights, please contact us at privacy@heightsplatform.com.

15. Your California Online Privacy Rights

This section pertains only to residents of California. Heights permits residents of California to use its services. Therefore, it is the intent of Heights to comply with the California Business and Professions Code §§ 22575-22579 and the California Consumer Privacy Act of 2018 (“CCPA”). If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors.

Below are the rights you have, though these are not absolute. In certain cases we may decline your request as permitted by law.

  • Information: You can request the following information about how we have collected and used your personal information during the past 12 months:
    • The categories of personal information that we have collected.
    • The categories of sources from which we collected personal information.
    • The business purpose for collecting your personal information.
    • The categories of third parties with whom we share personal information.
    • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient.
    • Whether we’ve sold your personal information, and if so, the categories of personal information received by each category of third party recipient.
  • Access: You may request a copy of the personal information that we have collected about you.
  • Deletion: You may ask us to delete the personal information that we have collected from you.
  • Nondiscrimination: You are entitled to exercise the above rights free from discrimination.

You may contact us at privacy@heightsplatform.com with any questions or to exercise these rights listed above. We may require government identification to process your request and to confirm your residency.

16. Minors

Individuals under 13 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use our Service, please notify us immediately at privacy@heightsplatform.com and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.

17. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Heights transfers Personal Information to the United States and to multiple third party Subprocessors (List of Subprocessors). We enter into GDPR-compliant data processing agreements with each of these Subprocessors. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

18. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page. We may send out an email notification to notify you if more significant changes are made. You must read this page each time you access our Site and Service and notify us at privacy@heightsplatform.com with details sufficient to identify your account if you do not agree to the amendments, so that we may terminate your account. You may also contact us via mail with questions at:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

Last Modified: May 25, 2024