Terms & Conditions
TERMS AND CONDITIONS OF HEIKE FLEISCHER
PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLATFORM AND JOINING OUR COURSES AND PROGRAMS THAT ARE HOSTED ON THIS WEBSITE OR PLATFORM.
TERMS OF CONDITIONS AND CONSENT
This Website or Platform (hereinafter “Website,”) is owned and operated on the Kajabi platform or website and the programs and courses under the name Heike Fleischer (hereinafter “Company”, “we”, or “us”) is owed by Heike Fleischer. As used in these Terms and Conditions, (hereinafter “Terms and Conditions,” or the “Agreement”) the words "you" and "your" refer to any person accessing the www.heikefleischer.com. The words "we," "us," and "our" refer to Heike Fleischer. Please read these Terms and Conditions carefully. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.
When you purchase any one of our programs or courses, or otherwise use or access the Website, you agree to be bound by these Terms and Conditions, applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of access our programs or courses. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our courses or programs. Similarly, If you do not agree to these Terms and Conditions, you should not continue to use or access this Site or sign up for our courses and programs hosted on this Website.
We reserve the right to modify, alter, or other update these Terms and Conditions at any time. We will post any such change at this site. Any changes will apply prospectively. You are encouraged to review these Terms and Conditions each time you use the Website because your use of the Website after the any changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Website. We reserve the right, in our sole discretion and without notice to you, to revise this Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.
By accessing or using this Website and its content, you represent and warrant that you are at least 18 years of age and that you agree to abide by these Terms and Conditions. Any registration by, use of or access to the Website and its Content by anyone under age 18 is strictly unauthorized, unlicensed and in violation of these Terms and Conditions.
Intellectual Property Rights
Heike Fleischer owns the intellectual property rights to of all information on this Website including but not limited to the company’s name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials. Heike Fleischer’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You agree to comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent from us. Except as provided in this herein, Heike Fleischer does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (hereinafter “Content”) is our property and is protected by U.S. intellectual property laws. These Terms and Conditions also do not grant you any right to Heike Fleischer’s trademarks or other brand elements whatsoever, and you agree that you will not purchase and search engine or other pay per click keywords, or domain names that uses Heike Fleischer or Heike Fleischer’s trademarks and/or variations and misspellings thereof.
Fees and Payments
You agree to pay us any fees for each course and program you purchase or use in accordance with the pricing and payment terms presented to you in our promotional materials and marketing. We use third party payment processors such as Stripe and PayPal to bill you. The processing of payments will be subject to the terms and conditions and privacy policies of those applicable payment processors, in addition to this Agreement. If you have chosen to pay our fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify us of any changes to your credit card information. All fees paid by you are non-refundable, except as provided in these Terms and Conditions or when required by applicable law.
Chargebacks and Payment Security
To the extent you provide us with credit card(s) information for payment on your account for our courses and programs, we will be authorized to charge your credit card(s) for any unpaid charges on the dates agreed. If you use a multiple-payment plan to make payments to us, we will be authorized to make all charges at the time they are due and not require separate authorization from you to do so. You are not permitted to make any chargebacks on your account or cancel the credit card that is provided by you as security without our prior written consent.
You are also responsible for any fees associated with recouping payment on chargebacks and any collection fees associated on your account or for your courses and programs. You are also not permitted to change any of the credit card information provided to us by you without notifying us in advance, and such change or amendment is a direct breach of this Agreement.
Unless otherwise indicated, the prices for our programs and courses listed do not include any taxes or any governmental assessments or levies. You and you alone are responsible for paying any taxes associated with your purchase in your country or jurisdiction. If in the United States, and we have a legal obligation to pay or to collect a sales tax from you, we will calculate the sales tax based on the billing information provided by you and charge you the amount, unless you provide is with a government issued tax exempt certificate.
If you are outside the United States, and if applicable, we will charge you VAT, GST, or any other sales, consumption our use taxes that arises in connection with your purchase of our course or programs unless you provide us with a government issued tax exemption certificate that states you should not be charged.
Refunds And Transfer
We abide by a strict, no refund policy. By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the programs and courses. You further acknowledge that in accepting the terms and conditions of this Agreement and affirmatively seeking the benefits of our programs and courses, you are taking full responsibility for your own success. Thus, you, agree that you will not request a refund and are not entitled to receive a refund. If for any reason you cancel your participation in, our programs or courses, for any reason whatsoever, you are not entitled to receive a refund. Under no circumstances will any of the fees you pay to us be transferable to anyone without our consent.
Valid Payment Method
To the extent you select to pay for our courses and programs on a multiple-payment plan, you are required to keep a valid payment method on file with us. We will charge all applicable fees to any valid payment method on file, and will continue to charge your valid payment method for all applicable fees until all outstanding fees have been paid in full for our programs and course you are enrolled in. Failure to maintain a valid payment method on file for the payment for our fees is an express breach of this Agreement.
Use of the Website
You acknowledge and agree that the contents of this Website, including but not limited to its materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Website are the property of Heike Fleischer or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Website. Becoming Majestic™ is a pending trademark of Heike Fleischer. All other trademarks are the property of their respective owners. All our Website’s content is Copyright 2023 of Heike Fleischer. All rights reserved.
Request for Permission to Use Our Content
Any request for written permission to use our content, or any other intellectual property or property belonging to us, should be made before you wish to use the content by sending an e-mail to [email protected].
Information You Submit to Us
With respect to any information or materials you submit or make available to us, you agree that any information you provide to us through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. As such, please do not provide us with information you do not want us to use. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant Heike Fleischer the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Heike Fleischer will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its contents. These links are provided for your convenience and the inclusion of any link in our Website or its content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in our Website or its content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. Your use of any of the third-party offerings and sites is at your own risk and you expressly release Heike Fleischer from any all liability arising from your use of any third-party website. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
If Heike Fleischer has issued an account to you in connection with your use of the courses and programs that requires you to create and maintain a password, you are responsible for safeguarding your password at all times and any other credentials used to access that account. You, and not Heike Fleischer, are responsible for any activity occurring in your account, whether you authorized that activity. If, at any time you become aware of any unauthorized access to your account, you should notify Heike Fleischer immediately at [email protected] and immediately change your passwords. Do not share your passwords or account details with anyone and should you choose to do so, and an authorized activity shall occur under your account, Heike Fleischer is not responsible, and you expressly release Heike Fleischer from any liability.
Heike Fleischer specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Heike Fleischer will process notices of alleged infringement which it receives and will take appropriate action.
Our Website is not for minors, and our programs and courses are not intended for use by minors. A minor is under the age of 18, or higher as provided in certain countries and territories. If you are a minor in your place of residence or country, you may not sign up for our course and programs, and by signing up for our course and programs, you represent and warrant that you are not a minor. Further, our courses and programs are in no way directed at children under the age of 18 and Heike Fleischer does not knowingly collect personal information from children. In your purchase and use of any of our programs and courses, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children.
While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. Heike Fleischer assumes no liability or responsibility or any errors or omissions in the content on our website.
OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT HEIKE FLEISCHER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE.
You agree to defend, indemnify, and hold Heike Fleischer harmless from and against all claims, damages, costs, and expenses, including attorney’s fees, arises from or related to your failure to comply with these Terms md Conditions. Neither Heike Fleischer nor any other party involved in creating, producing, or delivering our Website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.
Limitation of Liability
IN NO EVENT SHALL HEIKE FLEISCHER, HER AFFILIATES OR ANY OF HER RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF HEIKE FLEISCHER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF HEIKE FLEISCHER, HER AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO HEIKE FLEISCHER IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through this Website. Because some states in the United States or in some countries does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all the above disclaimers or exclusions may not apply to all users.
Furthermore, Heike Fleischer does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its content, or in any way or in any location. If you use our Website and its content, or any other information provided by us or affiliated with us, we assume no responsibility.
HEIKE FLEISCHER in no way purports or holds herself that her work, programs, and courses are a substitute for medical advice, medical information or medical treatments, psychotherapy services, and her work programs and courses does not in any way replace licensed medical support, advice or treatment or psychotherapy services. HEIKE FLEISCHER is not responsible for any decisions made by you because of your enrollment in any of the courses, programs, or work of HEKIKE FLEISCHER.
You agree that Heike Fleisher is not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have because of information presented to you through any of her courses, programs, or your use of this Website. You, and you alone are solely responsible for your financial results, your income and your business’ success.
Our Website may present examples of other people’s actual experiences, and these testimonials are for the purpose of illustration only. The testimonials and examples are of actual clients and results they personally achieve, as well as clients whom we have worked with and are speaking on their experiences of working with us, or the quality of our work. In no way are these testimonials intended to represent or guarantee that you will achieve the same or similar results and should not be perceived in that way. The testimonials are for illustrative purposes only and provide examples of what is possible for you, without any guarantees.
Assumption of Risk
In using, viewing, or accessing our Website, you do so with the assumption of assuming all risk, absolving us of any liability whatsoever as to the rare chance of illness, injury, or death from your use or interpretation of the information found on our Website.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Choice of Law and Jurisdiction
Unless otherwise specified, our Website and the Contents thereof are displayed solely for the purpose of promoting the goods and services of Heike Fleischer. Our website is controlled and operated in Germany. This Agreement shall be construed in accordance with the laws of the country of Germany without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the courts sitting in Munich, Germany.
In using this Website, or signing up for any of Heike Fleischer’s programs or courses, you waive, to the fullest extent permitted by law, (i) any objection which you may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to these Terms and Conditions brought in any court in Munich, Germany; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. You agree that the exclusive choice of forum set forth in this Section does not prohibit the enforcement of any judgment obtained in that forum of any other appropriate forum.
For any dispute regarding this Agreement, at Heike Fleisher’s sole discretion, Heike Fleisher’s may require you to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, or otherwise, to final and binding arbitration in Munich, Germany under the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, DIS), or whichever is arbitration rules under German law is applicable, by one or more arbitrators appointed in accordance with the said rules applying Germany’s law.
Electronic Communications And Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit, including but not limited to any consent you give to receive communications from Heike Fleisher solely through electronic transmission. You further agree that now, and in the future when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Term and Termination
Without limiting its other remedies, we reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our site at any time in our sole discretion.
In the event of cancellation or termination, you will no longer be authorized to access the part of the Website or Content affected by such cancellation or termination.
By using this Website, you are agreeing to all parts of the above Terms and Conditions. If you have any questions about these Terms and Conditions, please send an email to [email protected], or contact us at:
Haselsbergestrasse 14B, 85764