TERMS AND CONDITIONS
PLEASE READ CAREFULLY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
The https://hollydowling.com is owned and operated by H&S Enterprises, Inc and shall be included in the definition of Website through these terms and conditions. Your purchases and the Goods and Services on any Company-owned Website may also be available on the App.
On the Websites, you may purchase products and services , such as books, e-books, courses, magazines, cards, training and consulting (all of the foregoing collectively the “Products and Services”) and these terms shall apply to the purchase and use of the Products and Services. You may purchase the Products and Services individually, through a membership or through a subscription. These terms will apply to all such purchases and any differences in their terms will be explicitly detailed. Some Products and Services are only available to you after being selected or approved by the applicable H&S Enterprises, Inc. may deny the sale of any Products and Services to anyone at any time. Some Products or Services may be subject to separate terms or agreements. Those terms or contracts shall apply,
Product Specific Policies
H&S Enterprises, Inc. Membership, available at https://www.hollydowling.com , can be purchased for a monthly or yearly fee, which you may choose at time of purchase.
You may purchase mini courses at https://hollydowling.com/ (each a “Mini Course” and collectively the “Mini Courses”) The Mini Courses are available individually for a one time flat fee or collectively for a yearly subscription fee, which you may choose at time of purchase (the “Mini Course Fee”). Individual Mini Courses purchased for a one-time flat fee will be available to you until H&S Enterprises no longer offers the such Mini Course. Mini Courses purchased for the yearly subscription fee will be available to you until such subscription is terminated.
You may purchase in-depth training courses at https://hollydowling.com/ (each and “In-Depth Course and collectively the “In-Depth Courses”). Any recorded In- Depth Course content or materials will be available to you until H&S Enterprises no longer offers such In-Depth Course You understand that the content creator may not be the owner of the In-Depth Course that is being offered and that the content creator has been granted a license to sell the In-Depth Course.
You may purchase many of the products available through the memberships and subscriptions as individual products, such as ebooks, podcast interviews, magazines, television shows and other content. H&S Enterprises, Inc. does not offer refunds on any individual product sales.
Your Membership will automatically renew each month or year, depending on the payment plan you have selected. It is your responsibility to cancel the Membership prior to renewal. You may terminate by logging into your account. Because we do not offer refunds for any amounts already paid, you will have access to the Membership until the time of prepayment has expired.
Mini Courses purchased for a yearly subscription will automatically renew each year. It is your responsibility to cancel such subscription prior to renewal. You may terminate by logging into your Mini Course User Account. Because we do not offer refunds for any amounts already paid, you will have access to the Mini Courses until the time of prepayment has expired.
Refunds are not available for Products and Services except in accordance with the terms set forth herein.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Websites may be restricted. H&S Enterprises, Inc. reserves the right to restrict areas of the Websites at its sole discretion.
Some restricted areas of a Website may be made available to you as a registered user of that Website. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify the applicable H&S Enterprises, Inc. as set forth below:
For User Accounts on the Website, contact H&S Enterprises, Inc.firstname.lastname@example.org
For User Accounts on the https://hollydowling.com/
For User Accounts on the App, please contact email@example.com.
H&S Enterprises, Inc.will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to one or more H&S Enterprises, Inc.or other third parties for any losses incurred due to such unauthorized use.
H&S Enterprises, Inc. reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS AND SERVICES
All Products and Services available on the Websites were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products and Services. When you purchase any of the Products and Services, you agree that you will not use any information you gain from the Products and Services to create any product or service, whether offered for commercial or personal use, without express written consent of the applicable H&S Enterprises, Inc. Company reserves the right to seek equitable and compensatory relief for any violation of this term. All inquiries for use ofH&S Enterprises, Inc. intellectual property must be submitted to the applicable H&S Enterprises, Inc. as follows:
For intellectual property owned by H&S Enterprises, Inc. contact firstname.lastname@example.org
MEMBERSHIPS AND COURSES
Any information provided in any Membership or any Courses is for information purposes only and results may vary from person to person when using such information. You are, and shall remain, solely responsible for any content you upload, submit, post, transmit, communicate, share or exchange by means of any Membership or Courses and for the consequences of submitting or posting the same. EACH H&S Enterprises, Inc. DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE MEMBERSHIPS OR COURSES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT H&S Enterprises, Inc. HAVE NOT, AND DO NOT, IN ANY WAY: (A) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (B) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. H&S Enterprises, Inc. DO NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL ANY NOTORIETY, LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
EachH&S Enterprises, Inc. reserves the right, in such H&S Enterprises, Inc. sole discretion, to remove any post, comment, message or member, for any reason on its Websites, Memberships or Courses.
The following posts, comments or messages are expressly prohibited and will be immediately deleted and the member responsible for the post, comment or message is subject to immediate removal from any Membership or Course:
• Live video within a Membership or Course without the applicable H&S Enterprises, Inc. approval;
• Links that self-promote your own blogs, businesses, videos, etc. without the applicable H&S Enterprises, Inc.permission;
• Ads for items for sale or links to fundraisers without the applicable H&S Enterprises, Inc. permission;
• Contacting other members to solicit business or for self-gain;
• Hate speech;
• Threatening violence;
• Harassing or heckling another member or a H&S Enterprises, Inc.
• Defamatory speech towards a H&S Enterprises, Inc., another member or any third party;
• Any reference to illegal acts; or
• Anything that violates the legal rights of a third party.
Any member violating the Membership or Course rules may be immediately and permanently removed from the Memberships or Courses, in the applicable H&S Enterprises, Inc. sole discretion.
Any content posted in a Membership or Course is the sole responsibility of the person(s) who created it, and eachH&S Enterprises, Inc. and its employees, agents, directors, and officers, undertakes no obligation or liability related to such content. Each H&S Enterprises, Inc. and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted in the Memberships or Courses, nor does it assume responsibility or liability that may arise from any content posted in the Memberships or Courses, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation. All posts in the Memberships or Courses are confidential and may not be shared by any member outside of the Membership or Course. H&S Enterprises, Inc. reserve the right to report to the appropriate authority any post, comment, member or message in a Membership or Course that a H&S Enterprises, Inc. deems, in its sole discretion, may implicate the safety of either a member of a Membership or Course or a third-party.
You acknowledge, however, that the Memberships and Courses may be joined by any member of the public, and so confidentiality cannot be guaranteed. Please do not post any information that you do not want shared.
The H&S Enterprises, Inc. have made every effort to ensure that all information on the Websites have been tested for accuracy. H&S Enterprises, Inc. makes no guarantees regarding the results that you will see from using the information provided on the Websites. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from any H&S Enterprises, Inc.
H&S Enterprises, Inc.hosts content that is created by third parties (“Third Party Content”). H&S Enterprises, Inc. does not guarantee that any of the Third Party Content shall be error free and it should not be relied upon by you. H&S Enterprises, Inc. specifically disclaims any and all liability for the Third Party Content.
H&S Enterprises, Inc. disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. H&S Enterprises, Inc.assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.
BUSINESS COACHING AND CONSULTING DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Websites has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Websites. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Websites. Everything provided on the Websites is for informational purposes only.
INCOME OR EARNINGS INFORMATION DISCLAIMER
Any statements related to income or earnings potential on the Websites are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Websites. The Websites are provided for informational purposes only.
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. H&S Enterprises, Inc. makes no representations, warranties or guarantees. You understand that results may vary from person to person. H&S Enterprises, Inc. assumes no responsibility for errors or omissions that may appear in the Websites.
USE OF THE WEBSITE
Unless otherwise stated, the applicable H&S Enterprises, Inc. own the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
Republication of content from the Websites, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Websites;
Reproduction or duplication of any content on the Websites for commercial purposes;
Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the applicable Website is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of any H&S Enterprises, Inc. intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the applicable H&S Enterprises, Inc.
You must not use any Website in a way that causes, or may cause, damage to a Website or impairs the availability of access to a Website. You must not decompile, reverse engineer, disassemble or otherwise reduce any Website, except to the extent that such activity is expressly permitted by applicable law. You must not use a Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to any Website without the applicable H&S Enterprises, Inc. express written permission.
You must not use any Website to transmit or send any unsolicited commercial communications.
You must not use any Website for any third-party marketing without applicable H&S Enterprises, Inc.express written permission.
All original materials provided by the companies are owned by such H&S Enterprises, Inc. Any original materials are provided for your individual use only. You are not authorized to use or transfer any H&S Enterprises, Inc. intellectual property. All intellectual property remains the property of the applicable H&S Enterprises, Inc. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. H&S Enterprises, Inc. will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Websites constitute H&S Enterprises, Inc. intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("H&S Enterprises, Inc.”). You are not authorized to use any H&S Enterprises, Inc. IP without the applicable H&S Enterprises, Inc.express consent. Ownership of H&S Enterprises, Inc. IP remains with the applicable H&S Enterprises, Inc. and you agree not to make any claims or assertions of any other party's ownership of H&S Enterprises, Inc. IP.
The following are trademarks of the H&S Enterprises, Inc. listed below and are protected by United States trademark law:
"Hollyisms", “Extraordinary Leader”, “Hollyisms Daily Dose of Inspirations”, and “Divine Neuro Acquity”
The H&S Enterprises, Inc. trademarks and trade dress may not be used in connection with any product or service that is not the applicable H&S Enterprises, Inc. in any manner likely to cause confusion among consumers or in any manner that disparages or discredits a H&S Enterprises, Inc..
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by the applicableH&S Enterprises, Inc. or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
The Websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. Each applicable H&S Enterprises, Inc.owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the applicable H&S Enterprises, Inc. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
The H&S Enterprises, Inc.trademarks and trade dress may not be used in connection with any product or service that is not the applicable H&S Enterprises, Inc., in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits any H&S Enterprises, Inc., any Website, or the experts featured on any Website.
From time to time, the Websites will legally utilize trademarks owned by third parties related to aH&S Enterprises, Inc. services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant eachH&S Enterprises, Inc., a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites, Courses, or Memberships. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant each H&S Enterprises, Inc.the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to any Website, Membership or Course, you represent that you have the right to grant these permissions for use of such content by the Websites, H&S Enterprises, Inc. sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to any Website, Membership, or Course, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or a H&S Enterprises, Inc.or a third party.
Each H&S Enterprises, Inc.reserves the right to edit or remove: (i) any material submitted to its Websites, Memberships, or Courses; (ii) stored on its servers; or, (iii) hosted or published on its Websites, Memberships, or Courses. H&S Enterprises, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
The Websites offer the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or H&S Enterprises, Inc.;
defamatory to a H&S Enterprises, Inc. or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
Each H&S Enterprises, Inc. sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Websites will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on a Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to the applicable Website as set forth and such Website will remove the image within 24 to 48 hours.
For all of the websites, please contact: email@example.com
In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, H&S Enterprises, Inc.have implemented procedures for reporting instances of copyright infringement.
If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through and of the Websites infringes your copyrighted work, you may submit a notice of copyright infringement by sending a written notice of copyright infringement to our designated agent, whose contact information is listed below. H&S Enterprises, Inc. as the designated agent for all H&S Enterprises, Inc..
Notice may be sent to:
By Mail: H&S Enterprises
5602 E. Almeda Ct.
Cave Creek, AZ 85331
The notice of copyright infringement should provide the following information:
A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).
A description of the material that you claim is infringing.
Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
Your contact information, including your address, telephone number, and an e-mail address.
A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your physical or electronic signature (typing your full legal name is sufficient).
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of federal district court in the federal district court in the District of Arizona, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
Your physical or electronic signature.
Notice may be sent to:
By Mail: H&S Enterprises
5602 E. Almeda Ct.
Cave Creek, AZ 85331
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the complainant’s contact information, to the party who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, H&S Enterprises, Inc. will immediately notify the owner of the content that the content has been removed or disabled.
It is also the policy of H&S Enterprises, Inc., in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of publishers who are repeat copyright infringers.
If you send H&S Enterprises, Inc. an email, register to use a Website or provide your email to a H&S Enterprises, Inc. in any other way, you consent to receive communications from such H&S Enterprises, Inc. electronically. You agree that all legal notices provided via electronic means from the H&S Enterprises, Inc. satisfy any requirement for written notice.
The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that a Website has personally identifiable information of a child under the age of 16 in its database, please contact the applicable Website as set forth below and such Website will use its best efforts to promptly remove such information from its records.
For H&S Enterprises, Inc. websites firstname.lastname@example.org
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on any Website, you must complete any necessary investigation or due diligence. You understand that the H&S Enterprises, Inc. do not perform psychological testing or background checks on the individuals who may use the Websites, Memberships, Courses or aH&S Enterprises, Inc. services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Websites, Memberships, or Courses or services provided on the Websites. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, Courses, or Memberships, you expressly hold each H&S Enterprises, Inc.harmless from any and all liability in any dispute.
The Websites are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. No H&S Enterprises, Inc. makes any representations or warranties in relation to the Websites, or the information and materials provided therein.
H&S Enterprises, Inc. makes no warranty the Websites will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. H&S Enterprises, Inc. are not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and make no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, EACH H&S Enterprises, Inc. AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
to your email address and as set forth below for the Websites:
For the H&S Enterprises, Inc. Websites contact email@example.com
Last updated: December 1, 2022.