HBN INC Terms of Service

BY ACCESSING, USING THE SOFTWARE AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF THE ACCOUNT OWNER LISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”). YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE THE SERVICES (AS DEFINED IN THESE TERMS OF SERVICE).

These Terms of Service (“Agreement” or “Terms of Use” or “Terms & Conditions” or “Terms of Service”) are a contract between you individually, the Account Owner (as defined below) and the legal entity under which you practice or are employed or retained (individually and collectively, “you” or “your”) and HBN INC (“HBN” or “Natural Vision Online Academy” or “Mimi Shekoski, PhD” or “Us” or “We”) and govern your use of HBN’s website (https://www.NaturalVisionOnline.com/, https://www.HappyEyesight.com and any affiliated sub-domains and mobile applications and sites), Courses, Programs, Coaching, Software, and Servers (hereinafter collectively the “Service”), your rights and obligations with respect to User Data that you place in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which you will access the Service, (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Services, or any goods, materials, or content from the Website, you agree to follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website or the Services.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

These Terms of Service apply to your use of the Service and ALL transactions made on or through the Website in your use of the Services. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You and the Account Owner manifest your agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “I agree”, “Sign In”, “Login to your account”, “Join my team”, “Create my account” or similar syntax, by accessing the Website, by establishing an Account, or using the Services, whether you have read these terms or not. On clicking any such button, you agree to these Terms of Service. You should print a copy of this Agreement for your personal records. This Agreement may be modified by HBN effective immediately by notifying you as provided in Section 31 below. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.

1. Definitions

2. Verification for HBN

By accepting this Agreement in connection with an Account, you represent that you are at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, and you have the legal authority to enter into this Agreement. You further agree that as a condition to accessing the Website and the Service, you will submit to account verification as required by HBN, and provide only true and accurate identification documentation to HBN or its third party service providers as requested by HBN. You and the Account Owner are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and password. You agree that any Users who are under 13 years old require their parent or legal guardian’s consent to collect their User Data or for their use of the Services, which consent you and the Account Owner are responsible for obtaining, prior to the use by such User of the Website.

3. Establishing an Account

You must establish an Account with HBN to use the Service. Only one person may be an Account Owner, who can grant access to the account to Team Members who are employed by or are contracted to your practice. You agree to provide accurate, current, and complete information about yourself (“Registration Data”) as prompted by the Registration Form and to use the account management tools provided to keep your Registration Data accurate, current and complete. HBN will assign to You, as Account Owner, an account name (your “Account Name”). You and your Team Members must each choose a user name to identify yourselves under the Account Name.

4. Responsibility for Use of Account

You, as the Account Owner, are responsible for all activities conducted through your Account, are responsible for all activities conducted through your user name and are responsible for whom you grant access to your Account, including your clients, employees, or students and those you authorize to access your Account on behalf of yourself, or clients, employees, or students. In the event that fraud, violation of law, regulation or rule, or conduct that violates this Agreement occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account as described in Section 22 and you shall be financially responsible to HBN for the consequences of such use.

5. Selection and Use of Account Password

At the time your Account is created, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any damages, claims or other harm resulting from your disclosure, or authorization of the disclosure of your password or Account or from any person’s use of your password or your Account and those who gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.

You and those using your Account must have separate user names and passwords. They may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User and the Account Owner, and/or an increase in charges, at HBN’s sole discretion.

6. Fees and Refund Policy

HBN provides the Service for the fees and other charges set forth on our Website. We may at any time add new services for additional fees and charges, or prospectively modify fees and charges for existing services on notice as provided herein. You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by HBN continue to be valid and sufficient for such purposes. We may suspend or terminate your use and your Account’s use, as provided in Section 22, in the event of any payment delinquency. Other services are available from HBN and the agreement with respect to those services and fees due to HBN incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. 

Refund Policy for All Online Courses, Information Products, and Coaching Services

Due to the digital nature of online courses, information products, and coaching services, and the fact that digital content and services cannot be returned, our digital courses, digital products, and coaching services are non-refundable under any circumstances. We feel confident that we’ve laid out everything you get in our products and courses in the descriptions of the products. Please read the details and description of each product and course so you understand exactly what you are buying. Additionally, digital information products and courses are designed to be performed to completion; failure to complete a course or not following the guidelines suggested in the course or coaching session will reduce or eliminate its effect upon the customer. We’re completely invested in making sure you have the best experience possible, so please email us with any questions about what’s included and what is not included and we will always give you an honest answer so you can make the best decision for you. We’re happy to answer any questions about what is taught, and what is not taught, in our courses. Though HBN Inc. strongly believes in the value of the advice found within its information products, results are not guaranteed. HBN Inc. disclaims any express or implied warranties.

We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, HBN Inc. will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.

You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.

7. Modification of Service

HBN reserves the right to add, modify, or eliminate aspect(s), features or functionality of the Service from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

8. Privacy Policy, Protected Health Information, User Data and Use of Your Information, Data Deletion on Termination

Our Privacy Policy describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment account information you may provide to us either for purposes of creating an Account, submitting an inquiry or to receive further information, updates and promotions about or related to the Service. Our Privacy Policy does not apply to any Personal Information contained within User Data that we collect and process only on your behalf when we provide the Service.

In providing you our Service, HBN will not sell any Personal Information contained in User Data. HBN will not retain, use or disclose the Personal Information you provide to us about your students and clients except for the specific purpose of performing our obligations under this Agreement, including providing and improving the Service under this Agreement, nor will HBN retain, use or disclose Personal Information about your students and clients outside of our direct business relationship with you or the legal entity under which you practice or are employed.

It is your responsibility to comply with all applicable privacy and data protection laws and to ensure that you have provided all required notices and obtained all necessary consents from your Users, students and your clients (including with respect to third parties access), and that your students or your clients have agreed to the collection of their User Data (including PHI) and the access of their User Data by you, by us, and, where applicable, other third parties. Any sample documentation that is provided by HBN for obtaining consent is for illustration only, and you alone (and not HBN) are responsible to ensure that such documentation is adequate and enforceable to obtain requisite consent (including with respect to students and clients who are under 13 years of age, consent from their parents or legal guardians). We will make no use of PHI that is not permitted by this Agreement or that is prohibited by applicable law, including but not limited to HIPAA. In the event that we receive a subpoena or other legal or court order compelling the disclosure of any of your students’ or clients’ User Data (including PHI) or any of your data, unless ordered to not do so by a court of competent jurisdiction, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law, we will notify you of the subpoena or other legal or court order prior to disclosing the PHI or other data. We will make commercially reasonable efforts to maintain the Service in a manner that includes appropriate administrative, technical, and physical security measures designed to protect the confidentiality, availability, and integrity of PHI that is in our possession, as required by HIPAA.

We provide Users information by email through the Website. The emails You will receive include billing emails, account verification emails, welcome and completion emails, platform and Service training emails (sometimes called “on-boarding emails”), and survey emails (for product improvement purposes). You understand that by using the Service and agreeing to these Terms of Service, that HBN will send to you the foregoing email types and you hereby waive any right to opt out of such communications to the extent permitted by applicable law. You are responsible for obtaining either consent or ceasing emails to a student or client in the event that student or client opts out of receipt.

In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in this Agreement, there is an export feature in the Service which will enable you to retrieve your User Data contained within the Service prior to the account termination date. It is your responsibility to export from your Account a file or files containing the User Data contained within the Service before the account termination date and to ensure the secure preservation of PHI for your clients and students pursuant to federal and state law. HBN will destroy the User Data for your Account as provided in Section 22 of these Terms of Service.

9. No Responsibility for Acts of Omissions of Third-Party Websites

The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by HBN. You agree that HBN is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable Terms of Use and Privacy Policies provided by the third party for such websites, servers, or online services or environments.

10. Your Rights and Obligations with Respect to User Data

In connection with User Data you upload or submit to the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize HBN to use, retain and process the User Data in the manner contemplated by the Service and this Agreement. You agree that by uploading or submitting any Content to or through the Servers, Website, or other areas of the Service, and permitting your clients and students to upload any Transaction Data into the Service, you hereby automatically at such time grant HBN (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or HBN using the User Data and Transaction Data you submit) solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of your User Data and Transaction Data as HBN may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section is referred to as the “Service Data License.” You also acknowledge that the Service Data License granted to HBN with respect to your Content will survive the termination of your Account to permit HBN: (i) to retain server copies of particular instances of your User Data, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section for any other copies or instances of the same User Data that you have not specifically deleted from the Service. Notwithstanding anything to the contrary herein, or in any payment processing agreement between you and the payment processor, you also hereby provide HBN (and its affiliates) an irrevocable perpetual license, authority, and permission to obtain, copy, and use, at HBN’s request, without notice to you, from payment processors, banks, card and ACH processors and gateway provider, which support the Service, all of your Transaction Data and User Data for purposes of providing you the Service.

You acknowledge that you are responsible for all information and User Data you and those who are under the Account (including clients, students and those who are employed or retained by the Account Owner) input into the Service, including changes made to client or student progress notes whether locked or unlocked. Note: the practice of unlocking any previously locked progress notes may have an adverse legal impact on you. You understand and agree that you are bound by various laws and regulations, including but not limited to HIPAA , which require that you preserve the availability, accuracy, integrity, and confidentiality of protected health information and personally identifiable information. You also understand and agree that all of your activity within the Service is automatically logged (including into audit logs), including the unlocking and changes to the progress notes, and that such activity may be audited by Account Owners, account administrators, regulators, or others.

11. Payment and Billing Services

A. In order to use payment processing services and the billing services (“Stripe or PayPal Payment Processing Services”), you must agree to the Stripe or PayPal Connected Account Agreement (https://stripe.com/us/connect-account/legal or https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) and any other applicable Stripe or PayPal agreement (incorporated herein by reference) that is available to you when you enroll in the Service and afterward through the Service. No transactions will occur in your HBN account until you click to agree to the Stripe or PayPal Services Agreement or the Stripe or PayPal Connected Account Agreement (as applicable).

Payments for products and services from the Company are made through third party resources, including PayPal, Square, Stripe, and directly through merchants for online courses and programs such as Thinkific.com. The Company cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold HBN Inc. and Mimi Shekoski, Ph.D. harmless in such matters. In addition to other terms and conditions herein as it relates to your clients’ payments to you, you hereby agree that:

“Stripe” is a registered trademark of Stripe, Inc.

“PayPal” is a registered trademark of PayPal, Inc.

B. Where your Users pay for your services through the Services, in addition to the terms of the Stripe or PayPal Connected Account Agreement, the following applies:

12. Interruption of Service

HBN may on occasion need to interrupt the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that HBN will not be liable for any interruption of the Service (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.

13. HBN’s Intellectual Property Rights and Limited License Granted to You

A. Intellectual Property Rights. HBN owns Intellectual Property Rights in and to the Service, except all User Data, including the HBN Software, the Websites, and the Servers, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “HBN Marks”). You understand that such Intellectual Property Rights are apart from any rights you may have in User Data you upload or submit to the Service, as discussed above. You acknowledge and agree that HBN and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Data. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Data, and in and to the HBN Marks are reserved by HBN. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the HBN Marks.

B. Limited License. HBN hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You agree that you will not (i) allow any person or entity not authorized by HBN to use or access the Software, (ii) attempt to copy any ideas, features, functions or graphics contained in the Service; (iii) use the HBN Software in the operation of a service bureau, an application service provider or for any other purpose intended to benefit a party other than you, (iv) alter or modify the HBN Software, (v) sell, reproduce, transcribe, assign, sublicense, rent, lease or otherwise transfer the HBN Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the Software.

C. Feedback and other Input. You may provide suggestions, ideas and/or feedback (collectively, “Feedback”) to HBN or in the use of the Services or Website regarding HBN Website, products or Services. You agree that HBN will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by you or your employees or your students or your clients; and that all right title and interest in Feedback is assigned to HBN. The foregoing grant of rights is made without any duty to account to you or to any of the foregoing persons or entities for the use of such Feedback.

D. Mobile Application License. Subject to your compliance with these Terms & Conditions, HBN grants you a limited non-exclusive, non-transferable license to use any of the HBN mobile applications and to access the Website via a single mobile device or computer that you own or control and to run such copies of the HBN mobile applications solely for your own personal use.

You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the HBN mobile application in any way; (ii) modify or make derivative works based upon the Website or HBN mobile application; (iii) create Internet “links” to the Website or “frame” or “mirror” the HBN mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the HBN mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website or HBN mobile application, or (c) copy any ideas, features, functions or graphics of the Website or HBN mobile application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or HBN mobile application.

Downloaded Mobile Sourced Application

With respect to any application accessed through or downloaded from any mobile or device application site or store (“Mobile Store Sourced Application”), you agree that you will use the Mobile Store Sourced Application only as permitted by the “Usage Rules” set forth in any applicable Mobile Store Terms of Service and these Terms of Service.

14. Intellectual Property Rights of Third Parties

You agree that you will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant HBN all of the license rights granted in this Agreement. You agree that HBN will have no liability for, and you agree to defend, indemnify, and hold HBN harmless for, any claims, losses or damages arising out of or in connection with your use of any User Data.

15. Prohibited Conduct While Using the Service

You agree that you will not:


16. Violation of Terms of Service.

Any violation by you of the terms of these Terms of Service may result in immediate suspension or termination of your Account without any refund or other compensation.

17. Releases

You agree not to hold HBN liable for the Content, actions, or inactions of you or other Users of the Service or of other third parties. As a condition of access to the Service, you release HBN (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not HBN becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

18. Disclaimer of Other Express and Implied Warranties.

HBN WARRANTS THAT DURING THE TERM OF THIS AGREEMENT, THE SOFTWARE AND THE SERVICES WILL FUNCTION IN SUBSTANTIAL CONFORMANCE TO THE SPECIFICATIONS SET FORTH ON THE WEBSITE. HBN PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, HBN AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON HBN’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. HBN does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, the Websites, the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on HBN’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. HBN does not guarantee that by mere use of the Software you will be in compliance with HIPAA, and you understand and agree that you are responsible for maintaining administrative, technical and physical safeguards necessary to ensure the confidentiality, availability, and integrity with respect to your PHI and to otherwise comply with HIPAA.

19. Limitation of Liability.

IN NO EVENT SHALL HBN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE HBN SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT HBN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL HBN’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.

20. Indemnification

At HBN’s request, you agree to defend, indemnify and hold harmless HBN, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of these Terms of Service, including without limitation your representations and warranties relating to your data, User Data or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

21. Legal Relationship Between You and HBN; No Third Party Beneficiaries

You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a HBN employee and that you do not expect to be, and will not be, compensated by HBN for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.

22. Suspension and Termination of Accounts

You may terminate this Agreement by closing your Account at any time for any reason. Subject to HBN’s obligations pursuant to Section 8, in such event, HBN shall have no further obligation or liability to you under this Agreement or otherwise. You may not suspend your own Account. If you suspend your Account, then the Account will be deemed terminated (See Sections 8 and 2sectio herein, regarding deletion of your User Data on termination). In addition, HBN may suspend or terminate your Account, without notice, for breach if you violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement. HBN may or may not, at its sole discretion, provide You a grace period prior to termination, in the event of a breach or your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events. We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of HBN or any third party. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge HBN will have no liability to you in connection with such suspension or termination.

23. Liability for Unpaid Fees Upon Termination of Account

Upon termination by You or by HBN of your Account, you will not receive any refund of any amounts previously paid and you will remain liable for any charges incurred or unpaid amounts owed by you to HBN.

24. Dispute Resolution

In the event of a Dispute between you and HBN (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in the City and County of where HBN Inc. is registered. In the event that there is any Dispute between you and HBN that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of where HBN Inc. is registered. You agree that this Agreement and the relationship between you and HBN shall be governed by the Federal Arbitration Act and the laws of the State where HBN Inc is registered  without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

25. Disclaimer of Warranties as to Use Outside of the United States

HBN is a United States-based service. We make no representation that any aspect of the Service is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions.

26. Assignment of Agreement and Account

You may not assign this Agreement or your Account without our prior written consent. You may not transfer or sublicense any licenses granted by HBN in this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement without your consent.

27. Integration, Interpretation of Section Headings and Severability

The agreements, understandings and policies referenced in this Agreement sets forth the entire agreement and understanding between you and HBN with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. HBN reserves the right to modify this Agreement and Terms of Service at any time upon notification to you as provided in Section 28. If any future change is unacceptable to you, you should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.

You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

28. Notices

HBN may provide notice to you and obtain consent from you (1) through the website at https://NaturalVisionOnline.com (2) by electronic mail at the electronic mail address associated with your Account.

29. No Responsibility for Acts or Omissions of Third Party Service Providers

HBN may refer names of certain third party service providers (“Service Providers”) to you upon your request or in connection with the Service. Any Service Providers referred to you by HBN are not owned or controlled by HBN. You agree that HBN is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent, willful or illegal conduct. You further agree to conduct your own investigation and due diligence regarding any Service Providers referred to you by HBN. You agree to defend, indemnify and hold harmless HBN from all damages, liabilities, claims, expenses and losses relating to the referral of Service Providers to you.

30. HBN Community Terms of Use

HBN Account Owners and Team Members may participate in the HBN Community Site (and other HBN sponsored public and private social media sites) that permits you to communicate with other Account Owners and Team Members. By accessing the HBN Community Site, you agree to the Community Terms of Use.

31. Business Associate Agreement

For purposes of complying with the requirements of HIPAA, You and HBN agree to be bound by each of the terms and provisions of the HBN Business Associate Agreement, which can be found at https://www.NaturalVisionOnline.com/baa and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.

32. Transfer of User Data and Account Ownership

You agree that you are responsible for the provision of access to User Data and the sharing of User Data amongst those who are Users, Team Members or those who are retained by the Account Owner and students, clients and any family members thereof, in accordance with applicable law. In the event that any practitioner or instructor who has access to the Service under the Account dies or becomes incapacitated or otherwise is unable to provide services to any User, then the Account Owner will be responsible for arranging for the transfer of User Data, or modification of access, in compliance with applicable law. This includes, but may not be limited to, providing identity verification or execution of necessary authorizations that may be required by HBN or by applicable regulations or licensing bodies. You agree that HBN reserves the right to not transfer User Data or modify access if the foregoing is not provided to the extent required by applicable law. If the Account Owner dies, or otherwise becomes incapacitated, HBN will attempt to identify an appropriate individual to transfer the Account Owner role pursuant to applicable law or regulation, and if an appropriate individual can be identified, will transfer the Account Owner role to that individual as outlined above. IT IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN ADVANCE. Requests for transfer of the Account Owner role, either by the Account Owner or by an individual legally designated to assume Ownership, must be initiated by you by emailing [email protected]. You agree that User Data that is PHI may only be accessed by or transferred to an appropriate party, pursuant to HIPAA rules and applicable state regulations.

33. Disclaimer of HBN Service

The resources made available by and through HBN are an informational resource for people seeking to improve their eyesight naturally, prevent computer vision syndrome, and/or keep their eyes healthy holistically. The information contained herein and through other sources connected to via HBN is based on the personal working experiences of Mimi Shekoski, Ph.D., shared in the hope that it will spark inspiration and positive change in the student’s vision, eye health, and wellness.

Mimi Shekoski, Ph.D., is not  an optician, optometrist, ophthalmologist, physician, psychologist, therapist, or medical provider of any sort.
The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. HBN cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of peer-reviewed scientific study. HBN specifically disclaim any implied or express warranties about the information and recommendations provided herein.

The information in this website or otherwise provided by HBN Inc., its officers and agents, should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. You must work with a licensed medical provider for any prescription changes, evaluation, diagnosis, therapy, or treatment for any injury, deficiency, or disease. You are responsible to have an eye doctor monitor your progress and prescribe weakened glasses/lenses when needed. If you have a history of eye disease, you are responsible to be under the care of an ophthalmologist during the time you receive Natural Vision Coaching or while carrying out the suggestions made in our online courses or programs.


HBN Terms of Service December 6, 2020