Terms of use & Public offer

These Terms of Use were last updated on May 07, 2021.

1. Introduction

These Terms of Use (the "Terms") are binding on you and the company you represent (collectively, "you") The terms set forth herein in connection with your use of the software, website, mobile applications (hereinafter referred to as the "Services") of Heartbeat Education Inc. (hereinafter referred to as "we" or the "Platform").

By using any of the Platform's services or clicking on the "Register" button, you agree to be bound by these Terms.

If you do not agree to all of these Terms, do not use the Platform's services.

Claim clause.

IMPORTANT: By agreeing to these Terms, you agree to compulsorily resolve disputes with the Platform through arbitration (and, with very limited exceptions, out of court) and you waive certain class action rights, as detailed in Section 18.

All capitalized terms and terms not otherwise defined herein have the meanings set forth in the Privacy Policy ("Privacy Policy") and the Contributor Terms ("Author Terms").

Any version of these Terms of Use in any language other than English is provided as a convenience and you understand and agree that, in the event of any conflict, the English language shall prevail.

2. Additional agreements

Any personal information provided in connection with your use of the Services is subject to our Privacy Policy, which is deemed to be incorporated into these Terms by reference.

In addition, if you are a Contributor (as defined below), your activities are also subject to the Contributor Terms, which are deemed to be incorporated into these Terms by reference. If you are an Author and these Terms conflict with the Author Terms, then the Author Terms will govern.

3. General provisions

Our Services allow students ("Students") to connect with independent tutors ("Contributors" and together with Students, "Users") who provide online and recorded teaching, learning, and learning services ("Courses"). ) through our Services. The Services include, among other things, providing and hosting Courses and accompanying materials and providing feedback to Users.

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, such as when we add new options, and Platform Company reserves the right, in its sole discretion, to change and/or modify these Terms at any time. If we make any material change to these Terms, we will notify you by appropriate means, such as by email to the address specified in your Account or by posting an announcement through our Services. Changes will take effect on the day they are announced, unless otherwise noted.

Your continued use of our Services after the changes become effective means that you accept those changes. You should visit the Services regularly to be aware of the latest version of the Terms, as any revised Terms supersede all previous Terms.

The Platform may change or stop offering the Services at any time.

You are solely responsible for the maintenance, telephony, data charges and/or other fees and charges associated with your access to and use of the Services, as well as for the purchase and maintenance of all telephone, computer and other equipment necessary to obtain such access. and use.

When you access and use our Payment Services, you agree to pay for such services and all taxes associated with such access and use, and are responsible for paying them. If you provide credit card information to pay for such services, you hereby represent and warrant that you are authorized to provide such information and that you hereby authorize the Platform to charge your credit card for services on a regular basis as they become due. We also have the right to block your access to any Services until the Platform receives the necessary payment from you.

Your entire use of the Services shall be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other uses of intellectual property and privacy and personal data. In addition, access to our Services from territories where their content is illegal is prohibited. Those who choose to access or use the Services from territories outside the United States do so on their own initiative and are responsible for complying with all local regulations, including, but not limited to, Internet, data, email, or privacy regulations.

You further agree to comply with all applicable laws regarding the transfer of technical data exported from the United States or from the country in which you are located. If you are using the Services or Third Party Platforms (as defined in the following section) from countries outside the United States, you must agree to abide by all local rules regarding conduct on such websites and acceptable content.

4. General Disclaimer

The Services are only a Platform for teachers (Course Authors) and Students. We do not employ tutors and are not responsible for interactions between tutors and students who have purchased Teacher Courses through the Services. We are not responsible for disputes, claims, losses and damages of any kind that may arise from or in connection with the behavior of teachers or students, including, but not limited to, when a student is guided by information received from a teacher.

We do not control the Submitted Content (as defined below) posted on the Site and do not guarantee the reliability, validity, accuracy or truthfulness of such Submitted Content. You further agree that by using the Services, you may be exposed to Submitted Content that you may find offensive, indecent or objectionable. The Platform is not responsible for keeping such content from you, and for your access to or use of any Submitted Content to the extent permitted by applicable law.

The Services and Products may provide you with access to, direct or indirect through courses and instructors, links to third party platforms ("Third Party Platforms"). The Company does not endorse or control Third Party Platforms. Accordingly, the company does not accept any liability related to Third Party Platforms. It is your sole responsibility to take appropriate steps to determine whether to migrate to a Third Party Platform and to determine how to protect and protect your personal information while on such Third Party Platform.

5. Behavior

You may only access the Services for lawful purposes. You are solely responsible for knowing and complying with all laws, rules and regulations relating to your use of the Services.

You agree not to use the Services or Company Content (as defined below) to solicit, solicit or solicit, or otherwise contact, educators or potential users for their employment or employment in an unaffiliated business without our prior written consent, which we may refuse at our sole discretion.

You assume all risks associated with holding meetings or establishing contact between you and Instructors or other Users of the Services.

6. Obligations of teachers (Authors)

See Conditions for Authors.

7. Obligations of students

As a Student, you represent and warrant the following:

  1. Before using the Services or enrolling in a course, you have read and understood the pricing policy (see the pricing section below) and agree to be bound by its Terms.
  2. You are over 18 years of age, or otherwise, you will only use the Services with the participation, supervision, and approval of a parent or legal guardian. Children under the age of 13 are not eligible to register for an Account, register for or pay for Courses.
  3. You will not upload, post or otherwise transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation (commercial or otherwise) through the Site or the Services.
  4. You will not post inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, copyright infringing, defamatory or defamatory content or information.
  5. You will not copy, distribute, publicly display, publicly reproduce or transmit to the public any Company-owned content, products, services or Submitted Content, create derivative works from, delete, slander, mutilate, hack, disrupt or otherwise use them, except as otherwise provided in these Terms or by the applicable instructor, as the case may be.
  6. You will not embed or enable the Services to circumvent the Services.
  7. You will not impersonate another person or gain unauthorized access to another person's Account.
  8. You will not introduce viruses, worms, spyware or any other machine code, files or programs that can or are designed to damage or take control of the operation of any hardware, software or telecommunications equipment or any other aspect of the Services or their operation. ; disassemble, crawl, use robots or other automated means of any kind to access the Services.
  9. You will not disclose personal information to the Instructor, and otherwise accept responsibility for how your personal information is disclosed or used, including, but not limited to, appropriate measures to protect such information.
  10. You will not solicit personal information from any Instructor or other Student.
Students understand and agree that Instructors from whom Students may have purchased Course(s) may wish to close their Accounts on the Platform and cease operations.

The Platform does not guarantee the availability of the Teacher to the Students and will not be responsible for any problems regarding the availability of the Teacher.

8. Registration

To use certain Services, you must register and obtain an account and password. The information you provide to us during registration will assist us in content generation, customer service and network management.

You are solely responsible for maintaining the confidentiality of your account, username and password (collectively, "Account") and for all activities associated with or under your Account.

You represent and warrant that your Account information will be accurate at all times.

You must (a) notify us immediately of any unauthorized use of your Account or any other breach of security and

(b) be sure to log out of the Account at the end of the use of the Services.

To the extent permitted by applicable law, we cannot and will not be liable for damages or losses arising out of your failure to comply with the above requirements or as a result of using your Account with or without your knowledge, before You notified us of unauthorized access to your Account.

It is forbidden to transfer your Account to third parties.

It is strictly forbidden to use another user's Account under any circumstances. If you have registered or authorized another person, including a minor, to use your Account, you are solely responsible for (i) that user's online behavior, (ii) control of that user's access to and use of the Services, and (iii) consequences of any misuse.

9. Content, licenses and permissions

All software, technology, designs, materials, information, messaging, text, graphics, links, digital artwork, animation, illustrations, artwork, sound clips, video clips, photographs, images, reviews, suggestions and other data or subject to copyrighted materials or content, including their selection and arrangement, are considered "Content".

When Content is made available to you by the Platform in connection with the Services, including but not limited to software and products and the website, it shall be deemed "Company Content".

Content sent, transmitted or published by the User on the Platform is considered "Submitted Content". The Content remains the private property of the person or entity that provided it (or their partner and/or third party providers) and is protected by, but is not limited to, copyright and other intellectual property laws of the United States and other countries.

You hereby represent and warrant that you have all licenses, rights, consents and permissions necessary to grant the rights set forth in these Terms relating to your submitted content and that the company will not need to acquire licenses, rights, consents and permissions from third parties , as well as pay them for them when using the Content provided by you, as provided in these Terms, and the Platform will not be liable to you or third parties as a result of any use of the Content provided by you, as provided in these Terms.

The Platform hereby grants to you (as a User) a limited, non-exclusive, non-transferable license to access and use the Submitted Content and Company Content for which you have paid in full, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these the Terms and any Terms or restrictions relating to individual Courses or Services.

Any other use without our express written consent is expressly prohibited.
You may not reproduce, redistribute, transfer, assign, sell, broadcast, rent, share, loan, modify, adapt, edit, create derivative works from, license or otherwise transfer or use any Submitted Content or Company Content. without our express permission.

Submitted Content and Company Content are licensed for your use, not sold to you. Instructors may not assign to you the licensing rights to Submitted Content that you access or that you obtain through the Services. Such express license is void and also constitutes a violation of these Terms.

Notwithstanding the foregoing, we reserve the right to revoke this license in order to access and use the Provided Content and the Platform Content provided to you as described above, as detailed in Section 15 below.

The Platform complies with all laws governing copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of them. however, the Platform does not review the content provided and any use of such content by you is at your own risk and the Platform is not responsible for such use. In particular, no revocation, posting, or appearance of Content provided through the Services shall be construed as a recommendation or representation that the Content provided does not constitute a violation of copyright, privacy, or other laws, or that it serves a particular purpose, is accurate or helpful.

If you believe the Content you provide violates any law or regulation, is inaccurate, or poses any risk to a third party, it is your responsibility to take such action as you deem necessary to remedy such violation.

If, in your opinion, Content provided by a third party or Company Content violates any law or regulation, including, without limitation, any copyright laws, you must report this to the Platform at https://www.messenger.com/ t/heartbeat.edu.

All rights not expressly granted under these Terms are reserved by the content owners, and these Terms do not grant any implied licenses.

You may choose to send us ideas on your own initiative, including ideas for new advertising, products, services, applications, technologies or processes, or other ideas (collectively, "User Ideas").

You should not transmit User Ideas through the Services or Third Party Platforms or by email if you consider them to be confidential or proprietary.

You agree that we will not be required to treat any User Ideas as being confidential or proprietary. You are responsible for any User Ideas you submit.

You agree that by submitting User Ideas to us, including any concept, experience or idea, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and assignable license to use, reproduce, distribute, sell , use, make derivative works of, and reproduce User Ideas in connection with the Services for the operation of the Platform (and its successor), including, without limitation, to promote and redistribute some or all of the User Ideas (and their derivative works) in any formats and through any channels now known or subsequently created, without payment or accountability to you or others.

We have no obligation to evaluate, review or use any User Idea.

10. Prices, payments and taxes

Prices

Pricing for Platform Courses is subject to the Terms and Conditions set forth in our Instructor Terms, our Pricing Rules and the Promotion Policy. If You are a Student, You agree to pay fees for the Courses You purchase and You hereby authorize us to charge Your credit card for such fees.

If your credit card is declined, you agree to pay us the fee within 24 hours of receiving email notification from the Platform. Otherwise, the Platform terminates the provision of the Service until payment is received.

Payment

All payments to Heartbeat Education Inc. performed in US dollars and other currencies.

When paying by card:

  • All cross-border payments from non-US cards are subject to an additional 1% fee.
  • Currency Conversion: 1% currency exchange fee for any payment that requires currency conversion.
The Platform is not responsible for the exchange rate and bank fees that arise at the time of paying for the Course with the Student's card.

Taxes

You are responsible for remitting taxes to the appropriate tax authorities (which may be different from the tax authority in your location). The platform does not have the ability to advise you on tax matters. You should consult with your own tax advisor.

Refund

The Platform offers Students a thirty-day (30-day) money-back guarantee for Courses purchased through the Platform.

If the Student has completed the course, passed the exam and received no value, the Platform provides a money back guarantee for that course within 30 days from the date of registration, unless the author has specified other conditions on the pages of his Courses.

Request a refund of your Course fee within thirty (30) days from the date you paid for your Course access, and we will provide you with a refund of the full amount you paid.

For refund requests, please contact [email protected] or https://www.messenger.com/t/heartbeat.edu.

When refunding a payment, if the payment was made directly by the Heartbeat Education card through Stripe's online processing (does not apply to payments made through paypal), Stripe does not return its commission (2.9% + $0.3 + 1% cross-border payment).
Please note that if we have reason, in our sole discretion, to believe that you are abusing our refund policies, we reserve the right to suspend or close your Account, limit or terminate your current and future use of the Company's products, or terminate your use of the Company's products without liability. in front of you.

If you are an Instructor, you acknowledge and agree that Students are entitled to a refund as set forth in this section.

11. Trademarks

The trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the website, in the products or in any company content are our registered and unregistered trademarks or trademarks of our suppliers or third parties and are protected by trademark laws of the United States and other countries. All rights reserved. You may not modify or obscure trademarks or reference to them without our prior permission.

12. Warranty limitation clause

The Services, Company Content, Featured Content, Courses, and any other materials available through the Services are provided "as is" and without warranties of any kind, either express or implied. to the fullest extent permitted under applicable law, Platform and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement, accuracy , merchantability and fitness for a particular purpose, and any warranties that may arise from dealings, performance, or usage. The Platform and its affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the services, the materials provided, the server(s) hosting the services , or any services available on any third party platform, are free from viruses or other harmful components. no opinion, notice or statement by the Platform or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the services or on third party platforms or otherwise, creates any warranty. your use of the services, including without limitation any services provided on any third party platform, is entirely at your own risk.

13. Limitation of Liability

Neither Platform nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives shall be liable or liable for any indirect, incidental, consequential, special, punitive, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or loss of profits), whether under any contract, negligence, strict liability, or otherwise, arising out of or relating in any way to the services and/or materials, including any materials available through any third party platform, submissions, any linked websites, or any code, product or service purchased, available or usable through the services or any third party platforms.

Your sole remedy in the event of dissatisfaction with the services, materials, including any products or services available through any third party platform, the materials provided or any linked websites, is to stop using the services, materials, materials provided, products or linked websites. , respectively.

The sole and exclusive maximum liability of the Platform for all loss, damage and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, will be the total amount paid by you to the Platform for the last 12 (twelve) months, if any, for accessing or using the Service.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or consequential damages, in which case the above limitation may not apply to you.

No correspondence of any kind between you and the Platform or a representative of the Platform shall constitute a waiver of any limitation of liability under these Terms, and shall not create any additional warranty not expressly stated in the Terms.

Multiple claims will not increase the monetary damage limit stated herein. You agree that the exclusion of damages in these Terms of Use will apply even if any remedy fails.

Inaccuracies. It is possible that the Services provided on any Third Party Platform may include inaccuracies or errors or information or materials that violate these Terms. In addition, it is possible that third parties may have made unauthorized changes to the Services available on any Third Party Platform.

While the Platform attempts to ensure the integrity of the Services on the Third Party Platform, we make no warranty as to the completeness of the Services or their correctness.

If a situation arises in which the completeness of the Services or their correctness is in question, please send a request to [email protected] or https://www.messenger.com/t/heartbeat.edu (indicating in the subject "Inaccuracies in the Services on (name of the Third Party Platform)"), describing, if possible, the Services to be checked and indicating the address (URL) where such Services can be found among Our Services or on the Third Party Platform, as well as information sufficient to allow Us to contact you. We will endeavor to resolve your inquiries as soon as reasonably practicable. For claims of copyright infringement, see our Intellectual Property Policy.

System crashes. The Platform periodically plans to shut down the Services system for maintenance and other purposes. In addition, unplanned system outages may occur. You agree that the Platform is not responsible for:

(a) the lack of Services, including those available on Third Party Platforms;

(b) any loss of materials, data, transactions or any other information or materials caused by such system outages;

(c) the resulting delays, misdelivery or non-delivery of data, transactions or any other information or materials caused by such system outages; or

(d) for any outages caused by any third party, including, without limitation, any companies or servers hosting the Services, any Internet Service Providers, any Third Party Platforms, or any Internet media or networks.

14. Indemnification

You hereby indemnify, defend and hold harmless the Platform, its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from all reasonably foreseeable losses, expenses, damages and claims, including reasonable attorneys' fees and related costs and expenses arising out of or as a result of your breach of any obligation or warranty hereunder.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you would indemnify us under this Section 14; in this case, you agree to cooperate fully, as necessary, with the lawyers named, as well as in the provision of available remedies.

Limitation Law. Any claim or cause of action arising out of or in connection with the use of the Services, the Terms or any services or information available through the Third Party Platforms must be brought within 1 year of such claim or cause of action arising, notwithstanding any provisions of the statutes codes or laws to the contrary. . If any such claim or cause of action is not asserted within 1 year, such claim or cause of action is permanently barred.

15. Termination

The Platform reserves the right to terminate, suspend, modify or delete, at our sole discretion, any of

(a) Submitted Content, Company Content, Courses, or any Service; And

(b) your access to our Services or your Account, as follows:

  1. If you violate any of these Terms or any of our applicable policies and rules as announced, the Platform may take immediate action without notice to you. If we take action pursuant to this section, then we will have no liability to you for any Course(s) you may have purchased and for any other use of our Services associated with your Account. For the avoidance of any doubt, you understand and agree that you will not be compensated and will not be entitled to any refund under any circumstances for any such loss of access to our Services, including, without limitation, the Course(s) that you could buy;
  2. We may also take action for any reason or no reason if we give you advance notice. If we take action pursuant to this section, (a) when you are a Student, then we will refund you for any lost access to a Course(s) that you may have purchased during the three (3) months prior to such termination, always in accordance with and subject to the terms of our returns policy set forth herein; and (b) If you are a Contributor, any such termination also terminates your right to offer your Course(s) through our Services and the Platform will refund any outstanding amounts owed to you up to the date of termination under the Contributor Terms. Please note that Students who have purchased your Course will retain access to the Course for as long as the Platform deems necessary.

You may terminate your use of, or access to, the Services at any time, or delete your Account by following the steps set forth in and subject to Our Privacy Policy. We are under no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, all use of the Services and Content must cease. Any accrued rights to payments and Sections 4, 5, 11-16 and all representations and warranties shall survive termination.

16. Electronic notices

When using our Services or communicating with the Platform, you agree that the Platform may communicate with you electronically regarding security, privacy and administrative matters relating to your use of the Services or these Terms. If the Platform becomes aware of a security breach, the Platform may attempt to notify you electronically by sending a notification through the Services or by email to you.

You may have a legal right to receive this notice in writing. To receive a free written notification of a security breach (or withdraw your consent to receive an electronic notification), please write to the Platform at: https://www.messenger.com/t/heartbeat.edu

Notice will be deemed given forty-eight hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Platform may send legal notice to you by mail to the postal address if provided by you through your use of any of the Services. In such case, notice will be deemed to have been given three days after the date of mailing.

17. Other provisions

Exhaustive nature of conditions. These Terms and any rules applicable to you and posted on the Site constitute the entire agreement between the parties with respect to the subject matter of these terms and conditions and supersede all prior written and oral agreements between the parties relating to such subject matter.

Autonomy. If any provision of these terms and conditions is found to be illegal, invalid or unenforceable, then such provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

Refusal. A provision of these terms and conditions may be waived only in the form of a written document issued by the party in whose interests such provision was in effect. Company's failure to exercise any right or enforce any provision of these terms and conditions shall not constitute a waiver of such right or provision.

Notification. Any notice or other communication subject to these Terms will be given in writing by facsimile, registered mail postpaid or registered mail with acknowledgment of receipt, or email.

No agency relationship. Nothing in these terms shall be construed as converting either party into a partner, joint venture, agent, legal representative, employer, contractor, or employee of the other party.

Neither the Platform nor any other party under this agreement has or can be represented as having any authority to a third party to make representations, provide information or enter into obligations of any kind, or take any action that imposes obligations on the other party, except as provided herein or as authorized in writing by the undertaking party.

Applicable Law. These Terms and your use of the Services shall be governed by the substantive law of Florida, notwithstanding any choice or conflict of principles of law that would require the application of the laws of another jurisdiction, and shall be deemed to have been made and accepted in Florida.

18. Arbitration and class action waiver agreement

Before taking formal legal action, please first contact our support team at [email protected] or https://www.messenger.com/t/heartbeat.edu. Most disputes can be resolved in this manner.

Both parties agree to arbitrate disputes. If we are unable to resolve our dispute amicably, you and the Platform agree to resolve any claim relating to these Terms or any of our other terms and conditions posted on our Site from time to time through final and binding arbitration. This applies to all types of claims under any legal theory.

Either of us may bring a claim in small claims court either in Miami, Florida, or in the county where you live, or in such other place as we agree, if it can be brought in a court in that locality.

In addition, if you or the Platform bring a claim in court that is arbitrable, or either of us refuses to arbitrate a claim that is arbitrable, the other of us may ask the court to compel us to to arbitration for the decision of the claim (i.e., to force arbitration). The platform may also ask the court to suspend legal proceedings while the arbitration proceedings are pending.

Inadmissibility of class actions. We all agree that we can only bring suit against each other on an individual basis. It means:

(a) neither you nor the Platform may bring a claim as a plaintiff or class member in a class action, consolidated action or class action;

(b) the arbitrator may not consolidate more than one person's claim into a single case and may not preside over any consolidated, class or group arbitration (unless we agree to change this);

(c) the arbitrator's decision or the amount awarded in the case of one person may only concern the person who brought the claim and not other Users, and may not be used to resolve other disputes with other Users.

If a court decides that this subsection on "No Class Actions" is invalid or invalid, then the entirety of Section 18 (Arbitration and Class Action Waiver Agreement) will be null and void, but the remainder of the Terms will remain in effect.
arbitration process. Any dispute between you and the Platform relating to the Services that results in a claim in the amount of less than $10,000 shall be resolved exclusively by arbitration without a mandatory presence. The party choosing arbitration must initiate proceedings by filing a demand for arbitration with the American Arbitration Association (AAA). Arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, the Consumer Procedure Protocol, and the Supplemental Procedures for Resolving Consumer Disputes. In addition, you and the Platform agree that the following rules will apply to arbitrations:

(a) the arbitration will be conducted, at the option of the party seeking protection, by telephone, online, or based solely on written documents;

(b) the arbitration will not require the personal appearance of the parties or witnesses, unless otherwise mutually agreed by the parties; And

(c) any judgment on the award made by the arbitrator may be entered in any competent court.

Any dispute between you and the Platform regarding the Services that relates to a claim of less than $10,000 shall be resolved in accordance with the AAA rules as to whether an arbitration shall require in-person attendance.

Jurisdiction for legal disputes not subject to arbitration. If the Arbitration Agreement is held invalid or unenforceable, or any dispute is not eligible for arbitration, the dispute will be subject to the exclusive jurisdiction of the Federal and State Courts located in Miami, Florida. You hereby agree to submit to the personal and exclusive jurisdiction of such courts in the event of litigation.

Changes. Notwithstanding the terms associated with the change provisions, if the Platform changes the Arbitration and Class Action Waiver Agreement section after your acceptance of these Terms (or any subsequent changes to the Terms), you may reject any such changes, by sending a written notice of rejection to:

1210 N. 27th Street, Unit A, Philadelphia, PA 19121 USA

or in an email sent from the email address associated with your Account to [email protected] or https://www.messenger.com/t/heartbeat.edu within 30 days of the effective date of these changes in force as indicated in the "last updated" line above.

The notice must include your full name and clearly state your intent to reject changes to the Arbitration and Class Action Waiver Agreement section.

By rejecting the changes, you agree that any dispute between you and the Platform will be resolved in accordance with the provisions of the Arbitration and Class Action Waiver Agreement section in effect at the time you accept these Terms (or any subsequent changes to the Terms).

19. Health and wellness courses

By acquiring, registering and/or participating in any health, wellness and fitness courses and programs (“Health and Wellness Courses”), you hereby represent on behalf of yourself, your heirs, personal representatives and/or assigns that there are certain inherent risks and dangers in the stressful nature of the Health and Wellness Course(s).

You acknowledge that you have voluntarily chosen to participate in the exercise program. You acknowledge that the Platform and the Health and Wellness Course instructor have strongly encouraged you to consult with your physician prior to beginning any Health and Wellness Course.

You also acknowledge that some of these risks cannot be eliminated despite the measures taken to avoid injury.

You further acknowledge that specific risks vary by business and are understood to be

(1) minor injuries such as scratches, bruises, and sprains;

and (2) serious injury such as eye injury or vision loss, back and joint injuries, heart attacks and concussions;

and (3) catastrophic injury, including paralysis and death.

You must comply with all established and generally accepted Terms, safety sign requirements or signals, rules and oral instructions given to you. Whereas you are permitted to participate in and access the Health and Wellness Course(s), you hereby

(1) agree to take full responsibility for any and all injury or damage that you suffer or aggravate in connection with the Health and Wellness Courses,

(2) agree to hold harmless the Health and Wellness instructor, the Platform, and all their respective members, employees, representatives, and agents, and each of their respective successors and assigns, and all others, from any and all liability, claims, actions, legal claims, proceedings, costs, expenses, damages and liabilities, to the fullest extent permitted by law, arising out of or in any way connected with participation in any Health and Wellness Course and

(3) represent that you (a) are not suffering from a medical or physical condition that would prevent you from properly using any Health and Wellness Course, (b) are not suffering from a physical or mental condition that could put you at risk, and (c ) have not received instructions from a physician not to participate in exercise.

You acknowledge that if you have any chronic disease or condition, you are at risk by participating in the Health and Wellness Course(s) and should not participate in any classes.
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