HEARTHSTONE COUNSELING INC
DBA: Hearthstone Counseling, EnneaApp, Personality Driven Leadership

SECTION I

Policy Overview.

This policy covers how Hearthstone Counseling Inc (“Hearthstone Counseling”), treats personal information that Hearthstone Counseling collects and receives, including information related to your past use of Hearthstone Counseling products. This policy applies to any current or future Hearthstone Counseling products, services, and any affiliated businesses. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Hearthstone Counseling does not own or control, or to people that Hearthstone Counseling does not directly employ or manage.

SECTION II

Collecting Information.

Hearthstone Counseling collects personal information only when you subscribe to us or when you will out a form for a product, service, survey or event we offer. The only details we collect about you are those you specifically provide us.  When you register we may ask for information such as your name, email address, birth date, zip code, occupation, industry, and personal interests. Once you register with Hearthstone Counseling and sign in to our services, you are not anonymous to us. Hearthstone Counseling automatically receives and records information on our server logs from your browser, including your IP address, Hearthstone Counseling cookie information, and the page you request. Hearthstone Counseling uses information only for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.  

SECTION III

Cookies.

Hearthstone Counseling may set and access Hearthstone Counseling ‘cookies’ on your computer.

SECTION IV

Your Information.

You can edit your account information at any time. We reserve the right to send you certain communications relating to the Hearthstone Counseling service, such as service announcements, administrative messages and Hearthstone Counseling Newsletters, that are considered part of your Hearthstone Counseling account. You can opt out at anytime. You can delete your account or any information you have saved in your profile by contacting Hearthstone Counseling via the contact form on this website or within our mobile applications. You may be able to share certain content from this website with your friends. To send information to your friends, we ask for your friends’ and your email addresses. We use this information only to fulfill your request. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.

SECTION V

Contact Us.

If you communicate with us through the “Contact Us” link on this site, we may ask you for information such as your name, email address, zip code and telephone number. We use this information to respond to and communicate with you about your questions and comments.

SECTION VI

Customer Assistance.

You may call our customer service line for information about our products and services. If you do so, we may ask you for information such as your name, email address, postal address, telephone number and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.

SECTION VII

Confidentiality Security and Responsibility

We limit access to personal information about you to employees or contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. Please note all information of therapy clients is strictly confidential, and has its own terms which will be reviewed directly with each client at the start of a therapeutic relationship to assure informed consent. These terms include exceptions to confidentiality as is mandated by the providers ethical governing board. If Hearthstone Counseling connects you with a 3rd party for such services, they will provide their own ‘disclosure statement’ and other necessary documentation that they review directly with you for informed consent. Following a referral, Hearthstone Counseling assumes no responsibility for ongoing relationships with 3rd party.

SECTION VIII

Use of Material On the Site.

All content on this site or app (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Hearthstone Counseling, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Hearthstone Counseling, is expressly prohibited. Hearthstone Counseling reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. Hearthstone Counseling, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Hearthstone Counseling’s sole discretion. Hearthstone Counseling neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Hearthstone Counseling.

SECTION IX

Protecting Your Information.

Hearthstone Counseling does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

• If you request coaching or other 3rd party services, Hearthstone Counseling provides your assigned coach or contractor with the information you submitted so they can complete the requested service. These individuals are not employed by Hearthstone counseling.

• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

• We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Hearthstone Counseling’s terms of use, or as otherwise required by law.

• We transfer information about you if Hearthstone Counseling is acquired by or merged with another company. In this event, Hearthstone Counseling will notify you before information about you is transferred and becomes subject to a different privacy policy.

SECTION X

Children’s Privacy.

This website is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. The minimum age for ‘EnneaApp Consultations’ is 18. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on this site, or under 18 for a consultation, we will terminate services to the extent possible and delete the information from our records.

SECTION XI

Policy Updates.

Hearthstone Counseling may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Hearthstone Counseling account or by placing a prominent notice on our site.
—

TERMS OF USE

HEARTHSTONE COUNSELING INC
DBA: Hearthstone Counseling, EnneaApp, Personality Driven Leadership

 

SECTION I

Ownership of Site; Agreement to Terms of Use.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Hearthstone Counseling Inc (“Hearthstone Counseling”) web site located at www.elanbenami.com, and www.enneaapp.com, www.personalitydrivenleadership.com as well as any current or future Hearthstone Counseling products, services, and any affiliated businesses. The Site is the property of Hearthstone Counseling Inc (“Hearthstone Counseling”) and its licensors.

By using the site, you agree to these terms of use; if you do not agree, please do not use the site.

Hearthstone Counseling reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hearthstone Counseling grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

SECTION II

Content.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hearthstone Counseling, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hearthstone Counseling’s express prior written consent.

SECTION III

Your Use of The Site.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Hearthstone Counseling reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hearthstone Counseling server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hearthstone Counseling, including any Hearthstone Counseling Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hearthstone Counseling’s systems or networks, or any systems or networks connected to the Site or to Hearthstone Counseling.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hearthstone Counseling on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hearthstone Counseling or others.

SECTION IV

Purchases; Other Terms and Conditions.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Hearthstone Counseling’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Hearthstone Counseling may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Hearthstone Counseling makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

SECTION V

Accounts, Passwords and Security.

Certain features or services offered on or through the site may require you to open an Account (including setting up a Hearthstone Counseling username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Hearthstone Counseling immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Hearthstone Counseling or any other user of or visitor to the Site due to someone else using your Hearthstone Counseling username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Hearthstone Counseling username, password or account at any time without the express permission and consent of the holder of that Hearthstone Counseling username, password or account. Hearthstone Counseling cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

SECTION VI

Privacy.

Hearthstone Counseling’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Hearthstone Counseling’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

SECTION VII

Links to Other Sites and to the Hearthstone Counseling Site.

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hearthstone Counseling’s control, and Hearthstone Counseling is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

SECTION VIII

Disclaimers.

Hearthstone Counseling does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Hearthstone Counseling cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Hearthstone Counseling disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Hearthstone Counseling disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Hearthstone Counseling services.

You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Hearthstone Counseling for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Hearthstone Counseling reserves the right to do any of the following, at any time, without notice:

1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;

3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

SECTION IX

Limitation of Liability.

Except where prohibited by law, in no event will Hearthstone Counseling be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Hearthstone Counseling has been advised of the possibility of such damages.

SECTION X

Indemnity.

You agree to indemnify and hold Hearthstone Counseling, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hearthstone Counseling by any third party due to or arising out of or in connection with your use of the Site.

SECTION XI

Violations of These Terms of Use.

Hearthstone Counseling may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hearthstone Counseling’s rights or property, or the rights or property of visitors to or users of the Site, including Hearthstone Counseling’s customers. Hearthstone Counseling reserves the right at all times to disclose any information that Hearthstone Counseling deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hearthstone Counseling also may disclose your information when Hearthstone Counseling determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Hearthstone Counseling may preserve any transmittal or communication by you with Hearthstone Counseling through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hearthstone Counseling determines that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process;

2. Enforce these Terms of Use;

3. Respond to claims that any such data violates the rights of others;

4. Protect the rights, property or personal safety of Hearthstone Counseling, its employees, users of or visitors to the Site, and the public.
You agree that Hearthstone Counseling may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hearthstone Counseling, for which monetary damages would be inadequate, and you consent to Hearthstone Counseling obtaining any injunctive or equitable relief that Hearthstone Counseling deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hearthstone Counseling may have at law or in equity.

You agree that Hearthstone Counseling may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to:

1. Requests by law enforcement or other government agencies;

2. A request by you (self-initiated account deletions);

3. Discontinuance or material modification of the Site or any service offered on or through the Site;

4. Unexpected technical issues or problems.

If Hearthstone Counseling does take any legal action against you as a result of your violation of these Terms of Use, Hearthstone Counseling will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hearthstone Counseling. You agree that Hearthstone Counseling will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

SECTION XII

Governing Law; Dispute Resolution.

By accessing this website, you agree that Colorado law governs the terms of use, the privacy policy and any agreements entered herein. By accessing this site you agree to be bound by the laws and jurisdiction of Colorado. If you access the Site from anywhere other than the United States, you agree that Colorado law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Hearthstone Counseling or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of Colorado.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Hearthstone Counseling and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

SECTION XIII

Void Where Prohibited.

Hearthstone Counseling administers and operates its websites and applications from their location in Denver, Colorado. Other Hearthstone Counseling sites may be administered and operated from various locations outside of the State. Hearthstone Counseling reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

SECTION XIV

Miscellaneous.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Hearthstone Counseling with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hearthstone Counseling with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Hearthstone Counseling, Hearthstone Counseling will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Hearthstone Counseling’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hearthstone Counseling of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Hearthstone Counseling and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SECTION XV

Feedback and Information.

Any feedback you provide at this site shall be deemed to be non-confidential. Hearthstone Counseling shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.