Terms and Conditions
Terms and Conditions
Agreement between User and tunetogrowth.com
Welcome to tunetogrowth.com. The tunetogrowth.com website (the “Site”) is composed of various web pages operated by Tune to Growth. Tune to Growth is owned and operated by Erica Hinchcliff. This site is for informational purposes and offers services.
By using this Site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times.
Tune to Growth is committed to encouraging a healthy lifestyle through strategies backed by positive psychology and research done through Health Coach Institute. We believe a healthy lifestyle can reduce stress and help an individual harness power over their lives and encourage positive growth.
Privacy
Your use of this Site is subject to Tune to Growth’s Privacy Policy. Please review the Privacy Policy which also governs the Site and informs users of our data collection practices.
Electronic Communication
Visiting tunetogrowth.com or sending emails to Tune to Growth constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Tune to Growth does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use tunetogrowth.com only with the permission of a parent or guardian.
Links to Third Party Sites/ Third Party Services
Tunetogrowth.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tune to Growth and Tune to Growth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tune to Growth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tune to Growth of the site or any association with its operators. Tune to Growth cannot guarantee the quality and accuracy of goods and services made available by third parties on the Site.
Certain services made available via tunetogrowth.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the tunetogrowth.com domain, you hereby acknowledge and consent that Tune to Growth may share such information and data with any third party with whom Tune to Growth has a contractual relationship to provide the requested product, service, or functionality on behalf of tunetogrowth.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use tunetogrowth.com strictly following these Terms and Conditions. As a condition of your use of the Site, you warrant to Tune to Growth that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
All content included as part of the service, such as text, graphics, logos, images, documents, downloadable files, as well as the compilation thereof, and any software used on the Site, is property of Tune to Growth or its supplier sand protected by copyright and other laws that protect intellectual property and property rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tune to Growth content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Tune to Growth and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tune to Growth or our licensors except as expressly authorized by these Terms and Conditions.
Use of Communication Services
The Site may obtain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary contents; upload files that contain viruses, corrupt files, or any other simlar software or program that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or resonably should know, cannot be legally distributed in such manner; falsify or delete any author attrbutions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail adresses, without their consent; violate any applicable laws or regulations.
Tune to Growth has no obligation to monitor the Communication Services. However, Tune to Growth reserves the right to review materials posted in a Communication Service and to remove any materials at its sole discretion. Tune to Growth reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Tune to Growth reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Tune to Growth’s sole discretion.
Always use caution what giving out any personally identifiable information about yourself or your children in any Communication Service. Tune to Growth does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Tune to Growth specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts and not authorized Tune to Growth spokespersons, and their views do not necessarily reflect those of Tune to Growth.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to tunetogrowth.com or Posted on Any Tune to Growth Web Page
Tune to Growth does not claim ownership of the materials you provide to tunetogrowth.com (including feedback and suggestions) or post, upload, input or submit to any Tune to Growth Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, or submitting your Submissions you are granting Tune to Growth, our affiliate companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid for the use of your Submission, as provided herein. Tune to Growth is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tune to Growth’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Third-Party Accounts
You will be able to connect your Tune to Growth account to third-party accounts. By connecting your Tune to Growth account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (per your privacy settings on those third-party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.
International Users
This Service is controlled, operated, and administered by Tune to Growth from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tune to Growth content accessed through tunetogrowth.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Tune to Growth, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Tune to Growth reserves the right, at its own cost, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tune to Growth in asserting any available defense.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TUNE TO GROWTH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TUNE TO GROWTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TUNE TO GROWTH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUNE TO GROWTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF ORIN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TUNE TO GROWTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THE LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Tune to Growth reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tune to Growth as a result of this Agreement or use of the Site. Tune to Growth’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Tune to Growth’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information gathered by Tune to Growth concerning such use. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed suspended by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Tune to Growth concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Tune to Growth for the Site. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and recordings originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Tune to Growth reserves the right, in its sole discretion, to change the terms and conditions under which tunetogrowth.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. Tune to Growth encourages you to periodically review the Terms and Conditions to stay informed of our updates.
Contact Us
Tune to Growth welcomes your questions or comments regarding the terms.
Email address:
Effective as of June 21, 2021