New Heights HR. (“New Heights HR LLC," "Anna Gilcris," “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, newheightshr.com, annagilcris.com (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. Description and Use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors

Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can:

• View all publicly-available content on the Websites; and
• Email us.

Registered Users

Registered Users can do all the things that Visitors can do, and:

• Purchase products and services through one of our Websites;
• Access exclusive content available only to Registered Users;
• Create, access, manage, and update their own personal accounts on the Websites;
• Post comments and other content on the Websites (collectively, “Registered User Content”);
• Sign up for our various programs;
• Sign up for alerts and other notifications;
• Become part of the Anna Gilcris community.

New Heights HR LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, New Heights HR LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. Community Guidelines

New Heights HR LLC’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
• You will not upload, post, email, transmit, or otherwise make available any content that:
• Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
• Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech;
• Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
• You will not “stalk,” threaten, or otherwise harass another person;
• You will not spam or use the Websites to engage in any commercial activities;
• If you post any Registered User Content, you will stay on topic;
• You will not access or use the Websites to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Websites;
• You will not use any robot, spider, scraper, or other automated means to access the Websites without our express written permission;
• You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure;
• You will let us know about inappropriate content of which you become aware.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. Restrictions

The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.

5. Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay New Heights HR LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security. You hereby authorize New Heights HR LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires.

6. Intellectual Property

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of New Heights HR LLC (collectively referred to as the “Content”). The Content may be owned by us or third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

7. Registered User Content; Licenses

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Registered User Content throughout the universe, by any means, methods, media, or technology now known or hereafter devised.

8. Communications with Us

We are free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

9. No Warranties; Limitations of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

10. External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

11. Representations; Warranties; and Indemnification

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content;
• Your Registered User Content shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
• You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands arising from:

• Your breach of this Agreement;
• Your misuse of the Content or the Websites;
• Your violation of any third-party rights, including any copyright, trademark, property, publicity, or privacy right.

12. Compliance with Applicable Laws

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability.

14. Digital Millennium Copyright Act

New Heights HR LLC respects the intellectual property rights of others and will remove any Content deemed to have been posted in violation of relevant copyright laws. Our designated agent under the DMCA for the receipt of any claims of infringement is:

New Heights HR LLC
12 Pinnacle Drive, South Burlington, VT 05403

15. Controlling Law

This Agreement will be governed by the laws of the State of Vermont, without regard to its conflict of law principles.

16. Binding Arbitration

In case of a dispute, either party may choose to resolve the dispute through binding arbitration under the Federal Arbitration Act. This means that you waive your right to a court trial, except for claims under small claims court.

17. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Vermont for purposes of any such action by us.

19. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Last Updated March 2017

Privacy Policy

We at New Heights HR LLC, Inc. (“Anna Gilcris,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to our information collection and use practices: (i) online when you visit any of our websites, including, without limitation, newheightshr.com, (the “Websites”); and (ii) offline when you provide information to us.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

Acceptance of Terms

By visiting any of our Websites, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Websites. By providing us information offline, you are also agreeing to the terms of this Privacy Policy.

The Information We Collect

In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information.

1. Personal Information

When you sign up to receive any of our newsletters, respond to a survey, register for a class, or purchase any product or service, you may be required to provide us with personal information about yourself, such as your name, address, email address, and phone number. We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”

2. Order Information

When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”

3. Billing Information

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Although we will have access to the Billing Information, it will also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.

4. Cookies and Tracking Information

We may use cookies and similar technologies to collect information about your activity on our Websites, including, but not limited to, the pages you visit, the time spent on those pages, and other actions you take while browsing. This information helps us improve the functionality and user experience of our Websites.

5. Usage Data

We may collect anonymous usage data, such as information about the devices you use to access our Websites (e.g., your IP address, browser type, and operating system) and your interactions with our content. This data is aggregated to analyze trends, administer the Websites, and track users’ movements to improve our services.

How We Use the Information We Collect

The information we collect is used for the following purposes:

• To process your orders and provide you with products and services;
• To send you relevant updates, promotions, and newsletters (with your consent);
• To respond to your inquiries and provide customer support;
• To analyze usage trends and improve the content and functionality of our Websites;
• To protect our legal rights and fulfill our legal obligations.

How We Protect Your Information

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We use secure servers and encryption to protect sensitive data such as credit card information.

Sharing Your Information

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information, except as described in this Privacy Policy. We may share information with trusted third parties who assist us in operating our Websites, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. We may also release information when it's appropriate to comply with the law, enforce our site policies, or protect our or others' rights, property or safety.

Your Choices and Rights

You may choose not to provide certain Personal Information or Order Information, although this may limit your ability to access some features of the Websites. You may also opt out of receiving marketing emails by following the unsubscribe instructions included in the emails.

Changes to Our Privacy Policy

We reserve the right to update this Privacy Policy from time to time. Any changes will be posted on this page, and the "Last Updated" date will be revised accordingly. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.

Contact Us

If you have any questions or concerns about this Privacy Policy, or if you would like to access, update, or delete your Personal Information, please contact us at:

New Heights HR LLC
12 Pinnacle Drive, South Burlington, VT 05403
Email: [email protected]