The reader of this document agrees to receive in confidence ideas and concepts of Brian Hack to startup and operate a business named Habitat for Health, it's agency of record, subsequent branches, and terms.
The reader agrees that in receiving the ideas and concepts of Brian Hack, the ideas and concepts are being received and will be reviewed in confidence.
The reader agrees not to divulge any details of ideas and concepts submitted herein without express and written permission of Brian Hack.
The reader agrees not to compete in anyway by use of any feature or information which can be demonstrated to already be known to the reader.
The reader agrees not to compete in any way by use of any feature or information that Brian Hack has originated, formulated, and presented as the ideas and concepts about a business named Habitat for Health and/or Habitat for Health Home, Habitat for Health Blog, Habitat for Health Vlog and H4H.biz.
The reader agrees not to copy or reproduce in any way mechanically or electronically the supplied information about a business named Habitat for Health, GAIA Fan Club, and H4H.biz except for purposes described in the following CONFIDENTIALITY AGREEMENT.
AGREEMENT and acknowledgment between Habitat for Health and all readers of this document. Whereas, Habitat for Health agrees to furnish all readers access to certain confidential information relating to the affairs of Habitat for Health for purposes of:
i) qualifying Habitat for Health for funding, grants, loans or other financial arrangements not derived by any Habitat for Health ways and means.
ii) a funding amount and terms appropriate to circumstances and business plan
and Whereas, all readers agree to review, examine, inspect or obtain such information only for the purposes described above, and to otherwise hold such information confidential and secret pursuant to the terms of this agreement.
BE IT KNOWN, that Habitat for Health has or shall furnish to all readers certain confidential information, described herein the following business plan and attachments, and may further allow all readers the right to inspect the business of Habitat for Health and/or interview Brian Hack or representatives of Habitat for Health, all on the following conditions:
1. All readers agree to hold all confidential or proprietary information or trade secrets (“information”) in trust and confidence and agrees that it shall be used only for the contemplated purpose, and shall not be used for any other purpose or disclosed to any third party.
2. No copies will be made or retained of any written and electronic information supplied.
3. At the conclusion of our discussions, or upon demand by Habitat for Health, all information, including written and electronic notes, photographs, or memoranda shall be returned to Habitat for Health.
4. This information shall not be disclosed to any employee, consultant or third party unless said party agrees to execute and be bound by the terms of this agreement.
5. It is understood that all readers shall have no obligation with respect to any information known by all readers or generally known within the industry prior to date of this agreement, or that shall become common knowledge within the industry thereafter.
6. All readers acknowledge the information disclosed herein is proprietory or trade secrets and in the event of any breach, Habitat for Health shall be entitled to injunctive relief as a cumulative and not necessarily successive remedy.
7. This agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.
8. The date of this agreement is the date Habitat for Health discloses password protection to all readers to access this document.
9. All readers accept the terms of this agreement upon using the password.
All other data collection is the property and responsibility of the data collection agent and/or agency like Google, Facebook, Amazon, PayPal, Stripe, and other services.
For further information contact LMS MEDIA-Managed https://lmsmedia-managed.com/contact/
You own your content and branded assets. You grant LMS MEDIA-Managed unrestricted rights to use your content and brands and according to the Terms herein. The Terms are meant to limit liability of all parties. The best case scenario is when everything goes according to plan. The worst case scenario may diplomatically be described as unforeseen events. The most likely scenarios are somewhere in between. In the event you choose to move your assets please let us know so we can help you package your assets for transfer and let you know where to get the software license(s) where applicable.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of this agreement. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any services. If these Terms are considered an offer by MEDIA Managed, acceptance is expressly limited to these Terms. The Website is available only to individuals who are at least 18 years old.
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of MEDIA Managed. Our products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
Your MEDIA Managed Client Account.
If you create a Client account with MEDIA Managed, or we create one for you, you are responsible for maintaining the security of your Client account and site, and you are fully responsible for all activities that occur under the Client account and any other actions taken in connection with the site. You must not describe or assign keywords to your advertising or site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MEDIA Managed may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MEDIA Managed liability. You must immediately notify MEDIA Managed of any unauthorized uses of your Client account or any other breaches of security. MEDIA Managed will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, ‘Content and/or Advertising’), You are entirely responsible for the content of, and any harm resulting from, that Content and/or Advertising. That is the case regardless of whether the Content and/or Advertising in question constitutes text, graphics, an audio file, or computer software. By making Content and/or Advertising available, you represent and warrant that:
- the downloading, copying and use of the Content and/or Advertising will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content and/or Advertising, and have done all things necessary to successfully pass through to end users any required terms;
- the Content and/or Advertising does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content and/or Advertising is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or
- boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content and/or Advertising is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content and/or Advertising that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MEDIA Managed or otherwise.
By submitting Content and/or Advertising to MEDIA Managed, you grant MEDIA Managed a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content and/or Advertising solely for the purpose of displaying, distributing and promoting your site. If you delete Content and/or Advertising, MEDIA Managed will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content and/or Advertising may not be made immediately unavailable.
Without limiting any of those representations or warranties, MEDIA Managed has the right (though not the obligation) to, in MEDIA Managed’s sole discretion (i) refuse or remove any content that, in MEDIA Managed’s reasonable opinion, violates any MEDIA Managed policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MEDIA Managed’s sole discretion. MEDIA Managed will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
By selecting any optional Client upgrade or premium service you agree to pay MEDIA Managed the fee for service or monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a term, monthly or annual period as indicated. Premium service fees are not fully refundable after 30 days.
Claim reviews after 30 days will be understood as a new request for chargeable services. The amount of the claim will be paid by the claimant and held in trust by LMS MEDIA Managed legal representative. All fees associated with the new request for a claim shall be withdrawn from the amount held in trust as deemed appropriate by LMS MEDIA Managed legal representative and in effect as of Friday, January 20, 2017.
Responsibility of Website Visitors.
MEDIA Managed has not reviewed, and cannot review, all of the material, including advertising and/or other content posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MEDIA Managed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. Due to rapid change of technology and content the Website may contain technical inaccuracies, typographical mistakes, and other errors. MEDIA Managed disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through advertising, websites and Web Pages to which MEDIA Managed links, and that link to MEDIA Managed. MEDIA Managed does not have any control over those non- MEDIA Managed websites and Web Pages, and is not responsible for their contents or their use. By linking to a non- MEDIA Managed website or web page, MEDIA Managed does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. MEDIA Managed disclaims any responsibility for any harm resulting from your use of non- MEDIA Managed websites and Web Pages.
Copyright Infringement and DMCA Policy.
As MEDIA Managed asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MEDIA Managed violates your copyright, you are encouraged to notify MEDIA Managed. MEDIA Managed will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MEDIA Managed or others, MEDIA Managed may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MEDIA Managed will have no obligation to provide a refund of any amounts previously paid to MEDIA Managed and may act without notice.
This Agreement does not transfer from MEDIA Managed to you any MEDIA Managed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MEDIA Managed. MEDIA Managed, the MEDIA Managed logo, and all other trademarks, service marks, graphics and logos used in connection with MEDIA Managed, or the Website are trademarks or registered trademarks of MEDIA Managed or MEDIA Managed’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MEDIA Managed or third-party trademarks.
MEDIA Managed reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MEDIA Managed may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.
MEDIA Managed may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MEDIA Managed Client account (if you have one), you may simply discontinue using the Website or service. Notwithstanding the foregoing, if you have a Client account, such Client account can only be terminated by MEDIA Managed if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MEDIA Managed notice to you thereof; provided that, MEDIA Managed can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Materials on the MEDIA Managed web site are provided ‘as is’. MEDIA Managed makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MEDIA Managed does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will MEDIA Managed, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MEDIA Managed under this agreement during the twelve (12) month period prior to the cause of action. MEDIA Managed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold LMS MEDIA Managed, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against LMS MEDIA Managed by any third party due to or arising out of or in connection with your use of the Site.
Client submission of a testimonial includes and does not exclude irrevocable consent to the unrestricted use by LMS MEDIA-Managed, its successors and assigns, of the Client testimonial and name, and (if applicable) all images, audio, video of the Client which the Client have or have been provided to the client, for all purposes, including without limitation, audio, video, art, editorial, advertising, and all media derivatives, or trade without further compensation to the client.
The Client hereby waives any right to inspect or approve the finished media, photograph, advertising copy, Website, or printed matter that may be used in conjunction therewith, or to the eventual use that it may be applied.
In connection with the foregoing, the Client hereby releases and holds harmless LMS MEDIA-Managed and each of the above from all liability, claims, demands and causes of action which the Client, the Client heirs, the Client representatives, the Client executors, the Client administrators or any other persons acting on behalf of the Client, or on behalf of the estate of the Client have, or may have, by reason of this authorization.
The Client warrants that the Client is providing this testimonial as an individual, and that this agreement constitutes the sole, complete and exclusive agreement between the Client and LMS MEDIA-Managed and the Client is not relying on any other representation whether oral or written.
By signing up to be an Affiliate in the Habitat For Health Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Habitat For Health reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States or Canada to be an Affiliate.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Habitat For Health cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Habitat For Health product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Habitat For Health. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Habitat For Health. You must ensure that each of the links between your site and the Habitat For Health properly utilizes such special link formats. Links to the Habitat For Health placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a Habitat For Health product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://habitatforhealth.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a Habitat For Health Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Habitat For Health or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20 since your last payment, we'll pay you the following month after you've crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://habitatforhealth.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Habitat For Health reserves the right to end the Program at any time. Upon program termination, Habitat For Health will pay any outstanding earnings accrued above $20.
Habitat For Health, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Habitat For Health service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Habitat For Health reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Habitat For Health will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Habitat For Health to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Habitat For Health and govern your use of the Service, superceding any prior agreements between you and Habitat For Health (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding these Terms or your dealings with our website, please contact us.
c/o Brian Hack
LMS MEDIA-Managed et al.
3969 Shelbourne Street,
Victoria, B.C. V8N 6J5
Copyright © 2012- 2020, all rights reserved.