TERMS & CONDITIONS

 

Website Terms and Conditions of Use with Disclosures and Disclaimers 

By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Heart Mind Action - Arts, LLC  (doing business as CuppaCards.)

Heart Mind Action - Arts, LLC doing business as CuppaCards is the owner and operator of CuppaCards website.

This Website Disclaimer (“Disclaimer”), along with the Terms and Conditions of Use and Privacy Policy (collectively, the “Website Policies”), control your access to and use of the information contained on or within the Website, including any content, programs, or services offered by Heart Mind Action - Arts, LLC.

By visiting and using this Website, you agree that you have read, understood, and agree to the Website Policies. If you do not agree with the Website Policies, please do not use this Website.

Intellectual Property 

This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics.  

You may view, download, print, email, and use materials from this website for personal, noncommercial purposes only.  Any reproduction or unauthorized use of any materials found on this website shall constitute infringement. 

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on and within this Website is provided for educational and informational purposes only.

 

LEGAL DISCLAIMER: This Website does not provide any legal services or advice. You are responsible for your own legal decisions, choices, actions and results. Heart Mind Action - Arts, LLC disclaims any liability for your reliance on any opinions or advice contained in this Website. This Website is not intended to be a substitute for professional advice that can be provided by your own attorney or other legal professional. You should consult with a legal professional if you have specific questions about your own unique situation. 

Although other employees or contractors of Heart Mind Action - Arts, LLC may be licensed attorneys, your participation in the Program does not establish an attorney-client or similar relationship of any kind between you, Heart Mind Action - Arts, LLC, or employees or contractors of Heart Mind Action - Arts, LLC.

 

FINANCIAL & TAX DISCLAIMER: This Website does not provide any financial or tax services or advice. You are responsible for your own financial and tax decisions, choices, actions and results. Heart Mind Action - Arts, LLC disclaims any liability for your reliance on any opinions or advice contained in this Website. This Website is not intended to be a substitute for professional advice that can be provided by your own accountant, tax, or financial advisor. You should consult with a tax or financial professional if you have specific questions about your own unique situation. 

 

MEDICAL DISCLAIMER: This Website does not provide any medical or psychological services or advice. None of the content on this Website prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Heart Mind Action - Arts, LLC disclaims any liability for your reliance on any opinions or advice contained in this Website. This Website is not intended to be a substitute for professional advice that can be provided by your own medical professional. You should consult with a medical professional if you have specific questions about your own unique situation. 

Although other employees or contractors of the Company may be licensed health care professionals, your participation in the Program does not establish a doctor-patient or similar relationship of any kind between you, Heart Mind Action - Arts, LLC or employees or contractors of Heart Mind Action - Arts, LLC.

 

PHYSICAL ACTIVITY DISCLAIMER: Heart Mind Action - Arts, LLC may provide demonstrations of certain physical exercises. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Heart Mind Action - Arts, LLC. You acknowledge Heart Mind Action - Arts, LLC and its owners, agents, employees, and contractors may not be trained or certified exercise instructors or personal trainers, and that you accept all risks to your participation in any physical exercises.

 

PROFESSIONAL DISCLAIMER: This Website does not provide any professional services or advice. You are responsible for your own professional decisions, choices, actions and results. Heart Mind Action - Arts, LLC disclaims any liability for your reliance on any opinions or advice contained in this Website. This Website is not intended to be a substitute for advice that can be provided by a licensed professional. You should consult with a professional if you have specific questions about your own unique situation.  

Visitor Comments and Posts 

If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Heart Mind Action - Arts, LLC a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Heart Mind Action - Arts, LLC a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Heart Mind Action - Arts, LLC does not claim any ownership rights in your materials. 

Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website.  You participate, comment, and post material on this website at your own risk.  Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.  

Heart Mind Action - Arts, LLC, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. Heart Mind Action - Arts, LLC does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Heart Mind Action - Arts, LLC neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Heart Mind Action - Arts, LLC shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website. 

PERSONAL RESPONSIBILITY 

You are voluntarily accessing and making use of this Website and its content, programs and services and by doing so assume all risk of injury, illness, damage, or loss to yourself or to your property that might result, whether arising from the negligence of Heart Mind Action - Arts, LLC, or its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, volunteers, successors and assigns.

Visitor Behavior on Website 

You are strictly forbidden from the following: 

  • Causing damage to this website 

  • Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity 

  • Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

  • Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes 

  • Systematically or automatically collecting data from this website  

  • Sharing private and proprietary information from online courses with anyone else 

Heart Mind Action - Arts, LLC may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms. 

Disclaimers

This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Heart Mind Action - Arts, LLC disclaims any liability for your reliance on any opinions or advice contained in this website. 

This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You should consult with a professional if you have specific questions about your own unique situation. Heart Mind Action - Arts, LLC may demonstrate certain physical exercises.  You understand that physical activity and exercise are inherently risky and dangerous activities.  Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Heart Mind Action - Arts, LLC.  You acknowledge Heart Mind Action - Arts, LLC and its owners, agents, employees, and contractors may not be a trained or certified exercise instructor or personal trainer. 

IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS  

You agree that Heart Mind Action - Arts, LLC has not made and does not make any specific representations about the earnings or results you may receive. Heart Mind Action - Arts, LLC cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual.  

Links to Third-Party Products, Services, or Sites  

Any links to third-party products, services, or sites are subject to separate terms and conditions. Heart Mind Action - Arts, LLC is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Heart Mind Action - Arts, LLC may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. 

No Warranty 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Heart Mind Action - Arts, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Heart Mind Action - Arts, LLC DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Heart Mind Action - Arts, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. 

 

General Terms 

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and Connecticut, without giving effect to its conflict of laws. The nearest state and federal court to Westport, Connecticut shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. 

If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party. 

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. 

Heart Mind Action - Arts, LLC may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Heart Mind Action - Arts, LLC posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact info@cuppacards.com.

Heart Mind Action - Arts, LLC controls and operates this website from offices in the United States. Heart Mind Action - Arts, LLC does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

If you have any questions or concerns about the Website Policies, please contact Heart Mind Action - Arts, LLC, info@cuppacards.com, 11 Bauer Place, Westport, CT 06880.

 

Updated on 9-1-2021.

PRIVACY POLICY

 

Website Privacy Policy 

Your privacy is important to Vivid Cottage. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

By using our website cuppacards.com, you signify your consent to the terms of our Privacy Policy.  If you do not agree with any terms of this Privacy Policy, please do not use this site or submit any personal information to us. 

Who We Are 

Heart Mind Action - Arts, LLC (doing business as Vivid Cottage) and operating at www.vividcottage.com collects, uses and is responsible for certain personal information about you.  

Children’s Online Privacy Protection Act 

This website and any products and services offered herein are not intended for persons under the age of 13. Heart Mind Action - Arts, LLC does not knowingly collect information from anyone under 13 years of age. Heart Mind Action - Arts, LLC prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Heart Mind Action - Arts, LLC will not knowingly collect personally identifiable information from children under 13. If Heart Mind Action - Arts, LLC learns it has any information or content from anyone under the age of 13, it will delete that information.

The Personal Information We Collect and Use / Information Collected by Us 

Heart Mind Action - Arts, LLC may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Heart Mind Action - Arts, LLC via an online form or e-mail]. The information collected may include your name, e-mail, address, phone number, and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website.   

Heart Mind Action - Arts, LLC may collect domain information, your numerical IP address, the type of browser you use, which pages you view, and the files you request.  We may also use “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience.  

If your browser sends a "Do Not Track" signal, only a generic cookie will be placed on your device while the website is accessed. 

We will ask for your consent to allow us to use cookies. Heart Mind Action - Arts, LLC or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Heart Mind Action - Arts, LLC’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (“EEA”), we are regulated under the General Data Protection Regulation which applies across the European Union and we are responsible as controller of that personal information for the purposes of those laws.   

If you are located in the United Kingdom (“UK”), we are regulated under UK data regulations known as “UK GDPR.”   

Information Collected from Other Sources

If we obtain information from other third-party sources we will update this section accordingly.

 

How we use your personal information

Heart Mind Action - Arts, LLC collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

Who We Share Your Personal Information With 

Heart Mind Action - Arts, LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, share your name and delivery address details with our third-party suppliers, credit card processors, and/or shipping companies.  

This data sharing enables them to deliver the goods you ordered directly to you. Those third-party recipients are based outside the European Economic Area or the UK — for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA, UK below. 

Heart Mind Action - Arts, LLC may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations. 

If you give Heart Mind Action - Arts, LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes. 

On occasion, Heart Mind Action - Arts, LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Heart Mind Action - Arts, LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion. 

We reserve the right to transfer personal information in the event that we merge with or are acquired by a third party. We also may disclose your personal information for any other purpose permitted by law or to which you consent. 

We will not share your personal information with any other third party.  

Whether Information Has to Be Provided by You and Why 

The provision of your name, email, delivery address, etc. is required from you to enable us to deliver any services or goods you request. We do not require you to provide any personal data in order to access the public areas of our website. We will inform you when we collect it whether you are required to provide the information to us. 

How Long Your Personal Information Will Be Kept 

We will hold your personal data, including but not limited to your name, email, address, and contact details until you let us know  you would like for us to delete it or unsubscribe from our marketing contacts, which you are free to do at any time. We will hold all client and customer personal date in our files for six years, or until you are no longer a client or customer, whichever occurs last. 

 

Reasons We Can Collect and Use Your Personal Information 

Heart Mind Action - Arts, LLC collects and uses your personal information to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service

Use and Transfer of Your Information Out of the EEA, UK  

This website is operated in the United States and third parties with whom we might share your personal information as explained above are located in the United States. If you are located in the EEA, the UK, or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer. 

These countries do not have the same data protection laws as the EEA or UK. While the European Commission has not given a formal decision that the United States provide an adequate level of data protection similar to those which apply in the EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. 

Your Rights 

If you want to unsubscribe from receiving e-mails from Heart Mind Action - Arts, LLC, you may do so at any time. Each e-mail from Heart Mind Action - Arts, LLC includes instructions for unsubscribing from these e-mail communications. If you are covered by the General Data Protection Regulation, or other relevant privacy regulations, you have a number of important rights free of charge. In summary, those include rights to: 

  • Fair processing of information and transparency over how we use your use personal information 

  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address 

  • Require us to correct any mistakes in your information which we hold 

  • Require the erasure of personal information concerning you in certain situations 

  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations 

  • Object at any time to processing of personal information concerning you for direct marketing 

  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you 

  • Object in certain other situations to our continued processing of your personal information 

  • Otherwise restrict our processing of your personal information in certain circumstances 

 

You may also have the right to claim compensation for damages caused by our breach of any data protection laws. 

 

For further information on each of those rights, including the circumstances in which they apply, visit www.gdpr.eu; https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; or https://www.priv.gc.ca/en

If you would like to exercise any of those rights, please: 

  • Email us at info@vividcottage.com.

  • Provide us enough information to identify you (first and last name, account number if applicable, username, registration details, etc.)

  • Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill) 

  • Provide us with the information to which your request relates. 

  • Keeping Your Personal Information Secure 

 

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and may be subject to a duty of confidentiality. 

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so. 

It is important to understand that no security measures are absolute. We cannot guarantee the safety of any information you provide to us. 

Please note that any comments or information that you post on the website, including the membership site and social media pages or groups, become public and third parties may use your information. Heart Mind Action - Arts, LLC is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk. 

Links to Other Sites 

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties.  Any products or services reached through a third-party link are subject to separate privacy policies. Heart Mind Action - Arts, LLC is not responsible for or liable for any content on or actions taken by such third-party websites. 

How to Complain 

We hope that we can resolve any question or concern you raise about our use of your information. 

If you are covered by the General Data Protection Regulation or UK GDPR, you may lodge a complaint with a supervisory authority, in particular in the UK or European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.  

Changes to This Privacy Notice 

This policy is effective as of 9-1-2021.  We may change, modify or update this Privacy Policy at any time and will notify you of any fundamental changes by email or postal mail.  Otherwise, we will reflect any such modifications to this Privacy Policy on our website. We suggest that you periodically consult this Privacy Policy. Your continued use of our website after any such changes constitutes your acceptance of this Privacy Policy, as revised. 

How to Contact Us 

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact info@vividcottage.com.  

 

Do You Need Extra Help? 

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above). 

Policy Last Updated 3-29-2022.