Welcome to Holding Your Vision!
We have designed this coaching inspired social website for you to have a central place to practice spiritual principles and pursue your dreams and goals. We invite you to join and interact with our community, use our Daily Actions and Tools and take our guided process to create your visions.
At Holding Your Vision we want you to have fun and we ask that you treat others as you would like to be treated.
And now for the legal stuff:
This Holding Your Vision LLC Website (hereinafter referred to as the "Website") is not directed to persons under eighteen (18) years of age.
The website is owned by Holding Your Vision LLC. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Holding Your Vision, the mobile or tablet versions thereof, any Holding Your Vision software, and any applications created by Holding Your Vision whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the "Service"). Please note that the availability of any Holding Your Vision applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Holding Your Vision and such social networking site, mobile or tablet device, or internet television or other technology platform.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Holding Your Vision reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Holding Your Vision. Holding Your Vision reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Holding Your Vision Service; and
- for Streaming, ("Streaming" or "Stream" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Holding Your Vision Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
Holding Your Vision is not a religion. It is our vision is to help you bring your biggest dream into reality. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. Your results are completely up to you, your level of awareness, expertise, the action you take and the service you provide to others. Any testimonials, financial numbers mentioned in emails or referenced on any of our web pages should not be considered exact, actual or as a promise of potential earnings. That being said, we believe in you and we are here to support you in making the changes you want for your life and giving you methods, strategies, and ideas that will help move you in the direction of your dream.
Holding Your Vision’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Holding Your Vision you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Holding Your Vision of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. You may never use another Member's account without prior authorization from Holding Your Vision. Holding Your Vision will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
-is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
-harasses or advocates harassment of another person;
-exploits people in a sexual or violent manner;
-contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
-provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
-promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
-violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
-involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
-contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
-furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
-solicits passwords or personal identifying information from other Members;
-involves commercial activities and/or sales without Holding Your Vision’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
-includes a photograph of another person that you have posted without that person's consent or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights;
-denigrates, ridicules, or demeans another person; or
-contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Holding Your Vision servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for Content
You, and not Holding Your Vision, are entirely responsible for all Content and Images that you post, email, transmit or otherwise make available via the Website. Holding Your Vision does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Holding Your Vision be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Holding Your Vision may or may not pre-screen Content posted on the Website, that Holding Your Vision is not responsible for behavior or comments of other members on the Website, but that Holding Your Vision shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Holding Your Vision shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Holding Your Vision.
If you become aware of misuse of the Service by any person, please contact Holding Your Vision.
9. Termination or Suspension of Account
You agree that Holding Your Vision may at any time and for any reason, including a period of account inactivity, terminate your access to Holding Your Vision Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Holding Your Vision and/or content providers who provide content to Holding Your Vision. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
12. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Holding Your Vision or by third parties that have licensed or otherwise provided their material to Holding Your Vision. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Holding Your Vision's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Holding Your Vision. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "Posting") any Content on or through the Website or the Service, you hereby grant to Holding Your Vision a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Holding Your Vision has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Holding Your Vision's servers after the Content appears to have been removed from the Website, and Holding Your Vision retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Holding Your Vision and Third Parties
Our Website contains Content of Holding Your Vision, and Content of third party licensors to Holding Your Vision (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Holding Your Vision owns and retains all rights, title and interest in the Holding Your Vision Content. Holding Your Vision hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Holding Your Vision Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Holding Your Vision is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Holding Your Vision or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Holding Your Vision encourages you to conduct your own research and due diligence regarding such third parties and their products and services.
16. Other Sites
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
19. Infringement Policy
Holding Your Vision reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Holding Your Vision or of a third party, or otherwise violated any intellectual property laws or regulations. Holding Your Vision's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Holding Your Vision to delete, edit, or disable the material in question, you must provide Holding Your Vision with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Holding Your Vision to locate the material; (d) information reasonably sufficient to permit Holding Your Vision to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Holding Your Vision by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. Holding Your Vision reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
21. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Holding Your Vision reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Holding Your Vision believes that you have breached any of the terms of this Agreement, furnished Holding Your Vision with false or misleading information, or interfered with use of the Website or the Service by others.
-No Sharing. Members of Holding Your Vision may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Holding Your Vision as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
-Fraudulent Use. Holding Your Vision reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
-Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Holding Your Vision will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Holding Your Vision reserves the right to terminate any account that is using or trying to use more than one Free Trial.
-Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Holding Your Vision will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
-Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Holding Your Vision later increases the price of the subscription, Holding Your Vision will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
23. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Holding Your Vision, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Holding Your Vision MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Holding Your Vision SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Holding Your Vision DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Holding Your Vision WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. Limitation on Liability
IN NO EVENT SHALL Holding Your Vision, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Holding Your Vision SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Holding Your Vision IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Holding Your Vision SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Holding Your Vision OR ANY OF ITS EMPLOYEES. Holding Your Vision IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES Holding Your Vision WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Holding Your Vision RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
25. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Holding Your Vision, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
27. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
28. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Holding Your Vision without restriction.
30. Integration Clause
31. Waiver and Severability of Terms
The failure of Holding Your Vision to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
32. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
33. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Holding Your Vision that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
You agree that: (a) the Website shall be deemed solely based in California; and (b) the Holding Your Vision Website shall be deemed a passive website that does not give rise to personal jurisdiction over Holding Your Vision, either specific or general, in jurisdictions other than California.
34. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Holding Your Vision reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.
At Holding Your Vision, Inc. ("Holding Your Vision") we recognize that privacy is important and we are committed to protecting your privacy rights ("Policy"). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalized experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others.
This Policy applies to all of the products, services and websites offered by Holding Your Vision, the mobile or tablet versions thereof, any Holding Your Vision software, and any applications created by Holding Your Vision whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the "Service"). Please note that the availability of any Holding Your Vision applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Holding Your Vision and such social networking site, mobile or tablet device, or internet television or other technology platform.
If you have any questions about this Policy, please feel free to contact us.
By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy. Through your continued use of the Website after changes are made to the Policy, you accept the Policy as modified.
Information We Collect and How We Use It
Information you provide - When you sign up for a Holding Your Vision account we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender, mailing and billing address, and zip code). At the time you register as a member or during your free trial period, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Holding Your Vision services or third parties in order to provide you with a better experience and to improve the quality of our services.
We make your profile available to other users according to the privacy settings you set for yourself as part of your profile. Your user name will be identified to us and to any recipient of messages you send through the Service
We also use your name, e-mail address and other information on our system to notify you of new product releases, service notifications, events, and to solicit your feedback and input. We may also use your information, or a portion thereof, to send you marketing materials and/or Holding Your Vision newsletters or other information Holding Your Vision thinks you may need, unless you notify Holding Your Vision that you do not wish to receive such materials. Please contact us to request that you not be sent any or all of such information.
Activity Information - In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using the Service, you consent to our retaining all of your Activity Information.
IP Address - An Internet Protocol (IP) address is a number that's automatically assigned to your computer whenever you're surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information - When you use the Service, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications - When you send email or other communication to Holding Your Vision, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated sites - We offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Holding Your Vision in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies.
Links - Holding Your Vision may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
Other websites - This Policy applies to websites and services that are owned and operated by Holding Your Vision. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
What Does Holding Your Vision Do With The Collected Information?
Personal information – We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to:
Providing our products and services to users, including the display of customized content and (advertising?);
Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Website and Service;
Collecting and processing information about your actual location to provide location aware products and services and other content;
Verifying your identity;
Following up with transactions initiated on the Website;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network; and
Developing new services.
Holding Your Vision processes personal information on its servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We provide personal and non-personal information to our subsidiaries, affiliated companies or other trusted third parties or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Holding Your Vision or its parent company, subsidiaries, or affiliates, (2) protect and defend the rights or property of Holding Your Vision or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website.
Choices for personal information - When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Holding Your Vision may not be able to provide its Service to you.
Maintenance of personal information - You can access your information contained in Holding Your Vision’s database by contacting us. If you believe any of your information is incorrect or needs updating, please let us know at the email address email@example.com Holding Your Vision will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email notifications from Holding Your Vision, please let us know by contacting us. In the text of your email or letter specify which notifications you no longer wish to receive and provide your exact name, email address and/or address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, Holding Your Vision will use reasonable efforts to refrain from including you when sending such notifications to Holding Your Vision’s visitors/users/customers.
We do not currently maintain any procedures for you to review the information that we collect about you.
Information Security - We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Holding Your Vision employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Holding Your Vision strives to protect your information, Holding Your Vision cannot ensure or warrant the security of any information that you voluntarily give to Holding Your Vision.
Accessing and updating personal information - When you use the Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Website Areas Beyond Holding Your Vision’s Control
Third party links, co-brand relationships and public forums - In an attempt to provide increased value to our visitors, Holding Your Vision may choose various third party websites to link to, link from, and frame within, the Website. Holding Your Vision also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Holding Your Vision, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Holding Your Vision. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
Holding Your Vision regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Holding Your Vision's treatment of personal information by contacting us.
When we receive formal written complaints at this address, it is Holding Your Vision's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Holding Your Vision and an individual.
Users Under 18
Holding Your Vision’s content is not directed at users under eighteen (18) years of age, and if you provide information about yourself as a user of Holding Your Vision, you are representing that you are at least eighteen (18) years of age. We do not knowingly collect personally identifiable information from anyone under eighteen (18) years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than eighteen (18) years of age, we will remove such information from our files.
Changes To This Policy
Holding Your Vision Terms and Conditions of Use
A complete statement of our Terms and Conditions of Use are outlined above. Holding Your Vision's Terms and Conditions of Use are expressly incorporated into this Policy by this reference.)
By using our Website, you consent to the collection and use of information by Holding Your Vision as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.