Terms and Conditions

Introduction

Welcome to Hearty User Growth, operated by Hearty Factor Inc. These Terms and Conditions govern your use of our website, products, and services. By accessing or using our platform, you agree to comply with these terms in full. If you do not agree with any part of these terms, you must not use our website or services.

Hearty User Growth reserves the right to modify or update these terms at any time without prior notice. It is your responsibility to review these terms periodically to stay informed of any changes. Your continued use of our platform after any modifications indicates your acceptance of the updated terms.

In order to access certain features of our platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You must provide accurate and complete information when creating your account. You may not use the account of another person without their permission. Hearty User Growth reserves the right to suspend or terminate your account at any time for violations of these terms or for any other reason at our discretion.

Intellectual Property Rights

The content, features, and functionality of Hearty User Growth, including but not limited to text, graphics, logos, images, and software, are the property of Hearty Factor Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of our platform without prior written consent from Hearty Factor Inc.

You retain ownership of any content that you submit to our platform, but by doing so, you grant Hearty User Growth a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of operating and promoting our platform.

User Conduct

You agree to use Hearty User Growth for lawful purposes only and in accordance with these terms and any applicable laws and regulations. You may not engage in any conduct that violates the rights of others, infringes upon intellectual property rights, or is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.

You may not use our platform to transmit any viruses, worms, malware, or other harmful code or to engage in any activity that disrupts, damages, or interferes with the operation of our platform or the servers and networks connected to it. We reserve the right to investigate and take appropriate legal action against any violations of these terms.

Some features of Hearty User Growth may require payment of fees. By subscribing to our paid services, you agree to pay all applicable fees and charges in accordance with the pricing and billing terms specified on our platform. All payments are non-refundable unless otherwise stated.

You authorize Hearty User Growth to charge your chosen payment method for any fees or charges incurred in connection with your use of our platform. If your payment method fails or your account is past due, we may suspend or terminate your access to our services until payment is received in full.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose personal information. By using Hearty User Growth, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

In no event shall Hearty Factor Inc. or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of Hearty User Growth or these terms.

Hearty User Growth is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that our platform will be uninterrupted or error-free, that defects will be corrected, or that our platform or the servers that make it available are free of viruses or other harmful components.

Indemnification

You agree to indemnify, defend, and hold harmless Hearty Factor Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of Hearty User Growth or any violation of these terms by you.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.

Contact Us

If you have any questions about these terms or our platform, please contact us at [email protected] or by mail at Hearty Factor Inc., 377 Valley Rd., Unit 2594, Clifton, NJ 07013.

Termination

Hearty User Growth reserves the right to suspend or terminate your access to our platform at any time for violations of these terms or for any other reason at our discretion. In the event of termination, you will no longer have access to your account or any associated data. Any fees or charges incurred prior to termination are still payable.

Termination may result from violations such as fraudulent activities, misuse of the platform, or breaches of security. We may also terminate your access if we believe that your actions pose a risk to the security, integrity, or reputation of Hearty User Growth or its users.

Upon termination, you agree to cease all use of our platform and to delete or destroy any copies of our content or data in your possession or control. Any provisions of these terms that by their nature should survive termination shall continue to apply indefinitely.

Any disputes arising out of or in connection with these terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New Jersey, and the arbitrator's decision shall be final and binding on all parties.

The parties agree to participate in the arbitration in good faith and to comply with the arbitrator's decision. Each party shall bear its own costs and expenses associated with the arbitration, unless the arbitrator determines otherwise.

This arbitration clause does not prevent either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent irreparable harm or preserve the status quo pending resolution of the dispute.

Waiver

The failure of Hearty User Growth to enforce any provision of these terms shall not constitute a waiver of such provision or any other provision. Any waiver of these terms must be in writing and signed by an authorized representative of Hearty Factor Inc.

Waiver of any term or condition of these terms shall not be construed as a waiver of any other term or condition, nor shall any waiver be deemed a continuing waiver of such term or condition unless expressly stated in writing by Hearty Factor Inc.

Any waiver granted by Hearty User Growth shall apply only to the specific instance and shall not affect the rights or obligations of either party under any other circumstances or in any other instance.

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that reflects the original intent as closely as possible.

Severability ensures that if one part of these terms is found to be invalid or unenforceable, it does not affect the validity or enforceability of the remaining parts. This allows the parties to continue to be bound by the remaining terms and to carry out their obligations under the agreement.

This provision protects the interests of both parties by preserving the enforceability of the agreement even if certain provisions are found to be invalid or unenforceable by a court of law.

Entire Agreement

These terms constitute the entire agreement between you and Hearty Factor Inc. with respect to your use of Hearty User Growth and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

By incorporating all agreements, understandings, and negotiations into a single document, the entire agreement clause helps prevent disputes over the terms of the agreement. It ensures that all parties are bound only by the terms included in the written agreement.

Any modifications or amendments to these terms must be made in writing and signed by both parties to be considered valid and enforceable, in accordance with the entire agreement provision.

You may not assign or transfer any rights or obligations under these terms without the prior written consent of Hearty Factor Inc. Any attempt to do so without consent shall be null and void.

Assignment involves the transfer of rights or obligations from one party to another. By prohibiting assignment without consent, this provision ensures that both parties are protected from unauthorized transfers that could affect their interests.

Hearty User Growth may assign or transfer its rights and obligations under these terms to a third party without your consent. However, such assignment or transfer shall not relieve Hearty User Growth of its obligations under these terms.

Third-Party Links

Hearty User Growth may contain links to third-party websites or services that are not owned or controlled by Hearty Factor Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Third-party links are provided for your convenience and informational purposes only. We do not endorse or guarantee the accuracy, relevance, or quality of the content on third-party websites. Your use of third-party websites is at your own risk and subject to their terms and conditions.

We recommend reviewing the terms and privacy policies of any third-party websites you visit through links on Hearty User Growth to understand their practices and how they may collect, use, and disclose your personal information.

Survival

Sections 3 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnification), and 9 (Governing Law) shall survive any termination of these terms and shall continue to apply indefinitely.

The survival clause ensures that certain provisions of the agreement remain in effect even after the termination of the agreement. This ensures that the parties' rights and obligations with respect to these specific provisions continue to be enforceable.

By specifying which provisions survive termination, the parties can ensure that key aspects of the agreement, such as intellectual property rights, liability limitations, indemnification obligations, and governing law provisions, remain intact and enforceable.

Hearty User Growth reserves the right to modify or update these terms at any time without prior notice. Any changes will be effective immediately upon posting to this page. Your continued use of our platform after any modifications indicates your acceptance of the updated terms.

Changes to terms may be made for various reasons, including legal compliance, improvements to our services, or changes in business practices. We will notify you of any material changes to these terms through email or by posting a prominent notice on our website.

It is your responsibility to review these terms periodically to stay informed of any changes. If you do not agree with any part of the updated terms, you must discontinue your use of Hearty User Growth. Your continued use of our platform after any modifications constitutes acceptance of the updated terms.