General terms and conditions
CONDITIONS OF USE
Welcome to thomashertlein.com. Homo Simplex S.L. and/or its affiliates provide website features to you subject to the following conditions of use (“Conditions of Use”). If you visit or buy videos, audiobooks or related products at Thomashertlein.com, you accept these Conditions of Use. Please read them carefully. In addition, when you use any current or future Thomas Hertlein service or business (e.g., membership subscriptions, events) you will also be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these Conditions of Use are inconsistent with such Terms, the Terms will control.
THE THOMAS HERTLEIN PRODUCTS & MEMBERSHIPS
The Thomas Hertlein products and membership permits users to purchase proprietary licensed and original audio content, including books, speeches, videos, lectures, and articles through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by Thomas Hertlein, wired and wireless connections). You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card or paypal account to use the Thomas Hertlein products & membership.
Please review our Privacy Notice, which also governs your visit to thomashertlein.com, to understand our practices.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as you will find under our purchase terms and conditions and under “How to shop and buy”, which governs any purchase you may make from the Site, and the membership, which governs your enrollment in any Thomas Hertlein membership. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit thomashertlein.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to electronic agreements is necessary for use of the Thomas Hertlein Service. You may withdraw consent by sending us an e-mail; however, this will result in the termination of your ability to use the Thomas Hertlein Service.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and content, is the property of Homo Simplex S.L. or its content suppliers and protected by European and international copyright laws. The compilation of all content on this Site is the exclusive property of Thomas Hertlein and the Homo Simplex S.L. and protected by European and international copyright laws.
Homo Simplex, thomashertlein.com, Machotherapy, ReadTREAT Therapy, Human Decoder, and other thomashertlein.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Thomas Hertlein in Europe and/or other countries. Thomas Hertlein’s trademarks and trade dress may not be used in connection with any product or service that is not Thomas Hertlein’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thomas Hertlein. All other trademarks not owned by Thomas Hertlein that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thomas Hertlein.
LICENSE AND SITE ACCESS
Thomas Hertlein grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of thomashertlein.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Thomas Hertlein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thomas Hertlein without express written consent. You may not use any meta tags or any other “hidden text” utilizing Thomas Hertleins name or trademarks without the express written consent of Thomas Hertlein. Any unauthorized use terminates the permission or license granted by Thomas Hertlein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of thomashertlein.com so long as the link does not portray Thomas Hertlein, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Thomas Hertlein logo or other proprietary graphic or trademark as part of the link without express written permission.
HACKING AND SECURITY
We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.
As a registered user of the Thomas Hertlein Service, you may establish one password and account (“Thomas Hertlein Account”). If you use this Site, you are responsible for maintaining the confidentiality of your Thomas Hertlein Account(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your Thomas Hertlein Accounts. Thomas Hertlein does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Thomas Hertlein.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, under reasonable suspicion of misuse or misstatement . You agree to ensure that all information you provide when registering for the Site or any offerings under the Thomas Hertlein Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide for use in maintaining your accounts and billing Thomas Hertlein fees to your credit card.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Thomas Hertlein and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thomas Hertlein for all claims resulting from content you supply. Thomas Hertlein has the right but not the obligation to monitor and edit or remove any activity or content. Thomas Hertlein takes no responsibility and assumes no liability for any content posted by you or any third party.
REMOVAL OF CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any Thomas Hertlein Content or any other materials posted to or otherwise displayed on the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Thomas Hertlein Content or materials under this Agreement.
Thomas Hertlein attempts to be as accurate as possible. However, Thomas Hertlein does not warrant that Thomas Hertlein Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.
Homo Simplex S.L. may at any time and at its sole discretion terminate your right to use this Site, the Thomas Hertlein Service, and/or your thomashertlein.com Account if Homo Simplex S.L. determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to the Thomas Hertlein Service.
TERMINATION OF SERVICE
Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the Thomas Hertlein Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund. If you have purchased a product that wasn’t delivered/ downloaded till that date, the refund will be in the amount of your purchase less charged fees of 10%. If you are a member of the Thomas Hertlein Media Library the refund will be in due proportion to price you paid and receivable days of the contract period less 10% administrative charges to the initial amount.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE THOMAS HERTLEIN SERVICE AND THOMAS HERTLEIN CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THOMAS HERTLEIN SERVICE AND THOMAS HERTLEIN CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE THOMAS HERTLEIN SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THOMAS HERTLEIN SERVICE AND THOMAS HERTLEIN CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE CAN NOT WARRANT THAT THE THOMAS THOMAS HERTLEIN CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT WE WILL TAKE ALL POSSIBLE MEASURES TO OFFER SECURE MATERIAL. NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH THOMAS HERTLEIN SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THOMAS HERTLEIN SERVICES AND CONTENT IN EXCESS OF THE GREATER OF: THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE.
By visiting thomashertlein.com or using the Thomas Hertlein Service, you agree that the laws of Spain, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and thomashertlein.com/ Homo Simplex S.L.
Except as otherwise specifically provided in the conditions of use applicable to an Thomas Hertlein product or service, any dispute relating in any way to your visit to thomashertlein.com or to products or services sold or distributed by Thomas Hertlein or through thomashertlein.com in which the aggregate total claim for relief sought on behalf of one or more parties will be adjudicated in a court in Spain/ Palma de Mallorca, and you consent to exclusive jurisdiction and venue in such court.
We may provide notices to you by sending them to the email address associated with your account and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to the address below or to such other address as we provide in a notice to you or on this Site.
Homo Simplex S.L.
C/Catalunya 5A, 3er
07011 Palma de Mallorca
PURCHASE TERMS & CONDITIONS
In addition to the foregoing Thomas Hertlein Site Conditions of Use, the purchase of Thomas Hertlein Content on this Site is subject to the following additional Thomas Hertlein Purchase Terms and Conditions. By purchasing any Thomas Hertlein Content from the Thomas Hertlein Site, you agree to be bound by these Thomas Hertlein Purchase Terms and Conditions, which are subject to change by Thomas Hertlein at any time, in its sole discretion. Changes to these Thomas Hertlein Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these Thomas Hertlein Purchase Terms and Conditions.
PURCHASE OF THOMAS HERTLEIN CONTENT
Products from the shop. You may purchase Thomas Hertlein Content on an “A La Carte” basis. If you purchase Thomas Hertlein Content on an “A La Carte” basis, you pay for the Thomas Hertlein Content you select and your credit card is charged at the time you make the purchase.
Thomas Hertlein Members. Members of the Thomas Hertlein Multi Media Library agree on a membership that allows the use of the content provided in the Media Library. The choice of membership can be taken individually – and can have duration of one month, three month, 6 month or a year. The membership can be cancelled till the day of expiration and also be extended by the member himself in his membership menue. When the member does not cancel the membership till the date of expiration, it will automatically renew by the same conditions as he first subscribed. The membership fees will be charged at the beginning for the whole period of validity. (see also the description under the link “How to shop and buy”).
Buying a product & Subscriptions. If you purchase a product this is called a subscription content, as you will have to subscribe and open your personal account where you will find your personal download area. In this area you get your files that you bought. Each Product is downloadable 5 times. (Please have a look on the page “how to shop and buy” to read the details). For every content in our shop you will be charged the full price of the product/subscription at the moment of settling the contract of buying by giving your order to pay the product , in the form of a charge on your credit card or your paypal account.
Thomas Hertlein Membership license. When you purchase Thomas Hertlein Content, Thomas Hertlein grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Thomas Hertlein Content to your computer and/or your solely for your personal non-commercial use. You may also copy any of your Thomas Hertlein Content onto a CD or other tangible media device once. You agree to not otherwise copy, reproduce, distribute or use the Thomas Hertlein Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Thomas Hertlein Content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the Thomas Hertlein Content, or modify the Thomas Hertlein Content or create any derivative works there from. The license to the Thomas Hertlein Content you purchase will continue for as long as your copy of Thomas Hertlein Content exists pursuant to these Thomas Hertlein Purchase Terms and Conditions.
Pricing. With respect to all A La Carte purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Thomas Hertlein Content itself, as determined by Thomas Hertlein. I.e. one exception can be the booking of high standard events. Here it can be that the first payment charged from your credit card is the subscription fee and the rest will have to be paid by bank transfer. But in these cases you will find a detailed attached description of the payment procedure.
Right to Change Prices. Prices of all Thomas Hertlein Content are subject to change at any time in Thomas Hertlein ‘s sole discretion. All such pricing changes will be posted to the Thomas Hertlein Site.
Delivery of Thomas Hertlein Content. All Thomas Hertlein Content will be delivered to the “Multi Media” section of the Thomas Hertlein Site or to the download area of your user account once you sign into your Thomas Hertlein User Account. When the bought product has been downloaded once the right to return the good is expired.
Withdrawl and Cancellation right. For the purchase of our general products bought at our shop your right to cancel your order is valid and can be exercised till the product has been downloaded for the first time. With the first download you loose your right to cancel your order.
Risk of Loss. You bear all risk of loss for completing the download of Thomas Hertlein Content after purchase, once we have made such content available to you (in your ” your premium services ” or otherwise) and for any loss of Thomas Hertlein Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Thomas Hertlein Content will generally continue to be available in your premium services,” but may become unavailable after the download limitation was used up. In this case the purchased product will after the 5th download be unavailable for further download. Accordingly, we encourage you to download Thomas Hertlein Content promptly after purchase and to make back-up copies. If you are unable to complete a download after having reviewed the functionality of your devices, please contact Thomas Hertlein customer service.
Availability of Thomas Hertlein Content. We will exercise reasonable efforts to provide Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You agree that availability of Thomas Hertlein Content that is not yet created at the time you purchase such content or expect such content to be delivered (such as, for example, time-dated programming in connection with a Subscription) is subject to the creation of the content by the supplier. Your sole remedy with respect to Thomas Hertlein Content that is not delivered within a reasonable period will be replacement of such Thomas Hertlein Content with comparable programs or an extension of the applicable Subscription period or, in the event neither is available, a pro rata credit on your Thomas Hertlein Account for the amount of such Thomas Hertlein Content.
Limited Express Warranty. Except as expressly provided herein, any Thomas Hertlein Content you purchase is provided “AS IS” and “AS AVAILABLE.” The Thomas Hertlein Service is only warranted as stated below:
Thomas Hertlein warrants that
(i) the Thomas Hertlein Content that you license directly through the Thomas Hertlein Service will be of a quality suitable for human listening, and
(ii) the media in which the Thomas Hertlein Content is provided will be free from material defects on delivery.
If you find a defect in Thomas Hertlein Content, you may call Thomas Hertlein customer service and Thomas Hertlein will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the Thomas Hertlein Content or the Thomas Hertlein Content is not as warranted above, Thomas Hertlein will provide you with replacement Thomas Hertlein Content or a credit on your Thomas Hertlein Account, as determined by Thomas Hertlein in its sole discretion, if you advise Thomas Hertlein within 7 days of your first attempt to download the material by calling or writing to Thomas Hertlein customer service.
THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, SERVICE OR MAINTENANCE, MODIFICATION OF ANY THOMAS HERTLEIN CONTENT OR THE MEDIA ON WHICH ANY THOMAS HERTLEIN CONTENT ARE FURNISHED, OR THE USER’S LACK OF THE NECESSARY HARDWARE/SOFTWARE. OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE THOMAS HERTLEIN SERVICE AND THOMAS HERTLEIN CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THOMAS HERTLEIN SERVICE AND THOMAS HERTLEIN CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT THOMAS HERTLEIN CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO THOMAS HERTLEIN EMPLOYEE, AGENT, IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.
We appreciate your interest in our website and our company. Despite careful content control we can’t take the responsibility or liability for links to third-party.
The protection of your personal data when recorded, processed and used during your visit to our website is important to us. Your data will be protected in line with the statutory provisions. Below you will find information about what kind of data will be recorded and how it will be used during your visit on our homepage:
1st Collection and processing of individual-data
Each visit to our website and each recall of a stored data file from our website will be logged. The storage serves internal system-related and statistical purposes.
Journalized data: name of the downloaded file, date and time of access, volume of data,
messages of successful downloads, web browser and requesting domain.
Additionally, the IP addresses of the computers are logged.
Further personal data is collected only if this information is given voluntarily, such as
in line with a request or registration.
2nd Use and disclosure of personal data
As far as you have made personal data available, we only use them to respond to your inquiries, to process your orders, transact the accepted contracts and for the technical administration. Your personal information will only be passed on to third parties or otherwise transferred, for the purpose of implementation of the contract, especially the transfer of data to suppliers, if necessary and for billing purposes or if you have previously consented. You have the right to cancel your assent with future effect at any time. No personal data will be handed over general to any third party without your consent. The deletion of stored personal data will be effected if you revoke your agreement on the data, if the acknowledgement of the purpose of the saving of the data is no longer necessary or if the storage is prohibited for other legal reasons.
3rd Right of access
Upon written request, we will inform you about your stored personal data.