Legal Policy - The Heart Helix

Legal Policy / Terms & Conditions

Terms and Conditions of Use

Welcome to www.DrEnidMartinez.com (the “Site”). These Terms and Conditions (the “Terms”) govern your access to and use of the Site, including any content, functionality, products, and services offered through it.

By clicking “I Agree,” checking an acceptance box, submitting a form, making a purchase/booking, or continuing to access or use the Site after being presented with these Terms or notice of updated Terms, you confirm that you have read, understand, and agree to be legally bound by these Terms and the Privacy Policy and Cookie Policy (each incorporated by reference). If you do not agree, you must not use the Site. Use by individuals under applicable age-of-majority requires a parent/guardian’s consent where legally required. Your continued use of the Site after posted changes take effect constitutes acceptance of the updated Terms.

If you do not agree with these Terms, or any future modifications of them, you must immediately discontinue use of this Site and all associated services.

Your use of the Site constitutes a legally binding agreement between you and Dr. Enid F. Martinez | The Heart Helix LLC, and applies to all visitors, clients, and others who access or use the Site.

We reserve the right to update, modify, or replace these Terms at any time in our sole discretion, and your continued use of the Site following the posting of revised Terms signifies your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

1. Ownership of Content

All materials, content, information, design elements, graphics, text, images, audio, video, software, logos, trademarks, and overall layout appearing on this Site (collectively, the “Content”) are the exclusive property of Dr. Enid F. Martinez | The Heart Helix LLC, unless otherwise expressly stated.

The Content is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws and treaty provisions. All rights are expressly reserved.

You may not copy, reproduce, republish, upload, post, transmit, distribute, display, modify, or create derivative works from the Content in any form or by any means without prior written authorization from Dr. Enid F. Martinez. Unauthorized use includes, but is not limited to:

Commercial exploitation of Content,
Use of Content for advertising or promotional purposes,
Data mining, scraping, or automated collection of Site materials, and
Removal or alteration of copyright, trademark, or proprietary notices contained in the Content.

Limited permission is granted for you to view, download, and print portions of the Content solely for personal, non-commercial, informational use, provided you do not modify the Content and you retain all copyright and proprietary notices. This limited license terminates automatically if you breach any of these Terms, and upon termination, you must immediately destroy any copies you have made.

No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by Dr. Enid F. Martinez.

2. Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Site solely for personal, non-commercial, and informational purposes.

Under this license, you agree that you will not:

Copy, reproduce, republish, mirror, frame, upload, transmit, or distribute any portion of the Site or its Content without prior written consent.
Modify, adapt, translate, reverse-engineer, decompile, or disassemble any part of the Site or its Content.
Use the Site or its Content for commercial gain, advertising, or solicitation purposes.
Employ automated tools such as boots, spiders, scrapers, or crawlers to collect or harvest data from the Site.
Circumvent or attempt to circumvent any security measures, authentication systems, or access restrictions on the Site.
Interfere with the operation of the Site, including attempts to overload, damage, or disrupt servers or networks connected to the Site.

Any use of the Site or its Content beyond what is expressly permitted in these Terms is strictly prohibited and may result in immediate termination of your access, in addition to civil or criminal liability.

3. Intellectual Property Rights

All trademarks, service marks, trade names, logos, product names, and other identifiers displayed on the Site (collectively, the “Marks”) are the sole property of Dr. Enid F. Martinez | The Heart Helix LLC, or their respective owners, where applicable.

Except as expressly authorized in writing, nothing in these Terms or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without prior written consent.

You are expressly prohibited from:

Using the Marks in any way that may cause confusion, dilution, or misrepresentation of ownership.
Incorporating the Marks into your own business, product, or service identifiers.
Registering or attempting to register domain names, business names, or social media accounts incorporating the Marks.
Using any Meta tags, hidden text, or other techniques designed to mislead or manipulate search engines by associating third-party content with the Marks.

Unauthorized use of any Marks may constitute trademark infringement and unfair competition under applicable U.S. federal, state, and international laws, and may subject violators to both civil and criminal penalties.

4. Links to Third-Party Websites

This Site may provide links, references, or integrations to third-party websites, platforms, or resources (“Third-Party Sites”) solely as a convenience to users.

You acknowledge and agree that:

Dr. Enid F. Martinez does not control, endorse, sponsor, or assume responsibility for the availability, accuracy, legality, security, or content of any Third-Party Sites.
Your use of Third-Party Sites is at your own risk and subject to the terms, conditions, and privacy policies of those third parties.
Dr. Enid F. Martinez shall not be liable, directly or indirectly, for any damages, losses, or claims arising out of or relating to your use of Third-Party Sites, including reliance on their content, goods, or services.
Linking to this Site from an external website is permitted only to the homepage (www.DrEnidMartinez.com) unless otherwise expressly authorized. Deep linking, framing, or embedding of this Site’s Content into another website is prohibited.

We reserve the right to revoke linking permissions at any time and to block or disable any unauthorized links.

5. User Responsibilities

As a condition of using this Site, you agree to the following responsibilities:

1. Lawful Use Only

You shall not use the Site for any unlawful, fraudulent, or harmful purpose, including any activity that violates local, state, federal, or international law.

2. No Malicious Activity

You shall not post, upload, transmit, or otherwise introduce viruses, worms, spyware, Trojan horses, malicious code, or any other harmful technology intended to damage, interfere with, or disrupt the functionality of the Site or any user’s access.

3. Respectful Conduct

You shall not submit, transmit, or share any material that is defamatory, obscene, threatening, harassing, hateful, or otherwise objectionable in Dr. Enid F. Martinez’s sole discretion.

4. Accuracy of Information

You are solely responsible for ensuring that any information you provide through the Site is accurate, current, and complete. Misrepresentation of identity, impersonation, or fraudulent activity is strictly prohibited.

5. Compliance With Local Laws

You are responsible for ensuring that your access to and use of the Site complies with the laws of your jurisdiction. If accessing or using the Site is illegal in your location, you must not use it.

Failure to comply with these responsibilities may result in suspension or termination of your access to the Site and potential legal action.

6. Disclaimer of Liability

1. No Warranties

The Site, its Content, and any services or products made available through it are provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Dr. Enid F. Martinez | The Heart Helix LLC disclaims all warranties, including but not limited to:

i. Warranties of merchantability or fitness for a particular purpose,

ii. Warranties of title, accuracy, reliability, or non-infringement,

iii. Warranties that the Site or Content will be uninterrupted, timely, secure, or error-free,

iv. Warranties that any defects or errors will be corrected, or that the Site is free from viruses, malware, or other harmful components.

2. No Guarantee of Outcomes

All services, including intuitive consulting, energy medicine, guided meditations, and hypnotherapy resources, are provided as complementary wellbeing practices. Dr. Enid F. Martinez makes no guarantees or representations regarding outcomes, results, or benefits that may be obtained. Individual experiences vary, and reliance on the Site or Content is strictly at the user’s own risk.

3. Limitation of Liability

To the fullest extent permitted by applicable law, The Heart Helix LLC, Dr. Enid F. Martinez, and their officers, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, consequential, exemplary, or punitive damages arising out of or related to your use of the Site, its Content, or any services provided through it.

This includes, without limitation, damages for: loss of income, profits, business opportunities, data, goodwill, emotional distress, or personal injury allegedly resulting from participation in intuitive, meditative, or energy-based activities.

These limitations apply regardless of whether claims are based on contract, tort (including negligence), warranty, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow exclusion or limitation of certain damages, our total aggregate liability for all claims arising under or in connection with this Site shall not exceed the greater of (a) the total amount you paid for the applicable service, or (b) one hundred U.S. dollars (USD $100).

Nothing in this clause excludes or limits liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or willful misconduct.

4. Jurisdictional Exceptions

Some jurisdictions do not allow limitations on implied warranties or the exclusion of liability for consequential or incidental damages. In such jurisdictions, Dr. Enid F. Martinez’s liability shall be limited to the greatest extent permitted by law.

7. Guided Meditations and Hypnotherapy Disclaimer

The guided meditations, visualizations, hypnotherapy recordings, and other wellness resources offered through this Site (collectively, the “Meditation Content”) are provided exclusively for purposes of relaxation, mindfulness, stress reduction, and general wellbeing.

You acknowledge and agree that:

1. No Medical Advice or Therapeutic Substitution

i. The Meditation Content and all intuitive or energy-based services provided through this Site are offered solely for relaxation, mindfulness, and personal-wellbeing purposes. They are not medical, psychological, or therapeutic treatment, and do not establish a provider–patient relationship.

ii. The Heart Helix LLC and Dr. Enid F. Martinez are not licensed medical or mental-health practitioners and do not diagnose, prescribe, or guarantee outcomes. You should always seek the advice of a physician, therapist, or other qualified healthcare professional concerning any medical or psychological condition or treatment.

iii. Participation is entirely voluntary, and by engaging in any Meditation Content or energy-medicine session, you acknowledge and accept that the services are complementary wellness practices, not regulated healthcare services, consistent with applicable U.S. complementary-health disclaimers (see FTC Guides §255 and state healing-arts laws).

2. Safe Use Requirements

i. Do not listen to or participate in meditations, hypnosis sessions, or visualizations while driving, operating heavy machinery, or performing tasks requiring alertness.

ii. Only use these practices in a safe and comfortable environment.

3. Assumption of Risk

i. By using the Meditation Content, you assume full responsibility for your physical, emotional, and mental wellbeing.

ii. You acknowledge that outcomes may vary widely by individual and that no warranties or guarantees of specific results are made.

4. Emergency Situations

i. If you experience distress, discomfort, dizziness, or other adverse effects while engaging with the Meditation Content, discontinue immediately and consult a qualified healthcare professional.

ii. In the event of a medical emergency, dial emergency services immediately.

8. Indemnification

You agree to indemnify, defend, and hold harmless Dr. Enid F. Martinez, The Heart Helix LLC, and all affiliates, officers, directors, employees, contractors, agents, licensors, and representatives from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

Your access to or use of the Site, Content, or services.
Your violation of these Terms.
Your violation of any applicable laws, regulations, or third-party rights (including intellectual property rights).
Any disputes or claims arising from your reliance on the Meditation Content, intuitive consulting, or energy medicine services provided.

This indemnification obligation will survive termination of these Terms and your use of the Site.

9. Modification of Terms and User Notification

1. Right to Amend

Dr. Enid F. Martinez | The Heart Helix LLC reserves the right to modify, amend, or replace these Terms at any time, in accordance with applicable law.

When material changes are made, we will provide clear notice by one or more of the following methods:

Updating the “Effective Date” at the top of this document;
Posting a prominent notice on the Site;
Sending an email or direct notification, where feasible, to users with active accounts or recent transactions.

Unless otherwise required by law, all modifications take effect immediately upon posting, and your continued access or use of the Site thereafter constitutes affirmative acceptance of the updated Terms.

If you disagree with any amendment, you must stop using the Site. For transparency, an archive of prior versions may be maintained upon request for recordkeeping and accountability purposes.

10. Governing Law and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and any dispute, claim, or proceeding arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict-of-law principles. This choice of law shall apply except to the extent mandatory consumer-protection or data-protection laws of another jurisdiction apply to you.

The parties agree that the state and federal courts located in the State of New Jersey shall have exclusive jurisdiction over any action or proceeding arising from these Terms, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

Nothing in this section limits your rights under applicable laws of your residence that cannot be lawfully waived (including EU/EEA data-protection rights under GDPR Articles 79–82).

2. Alternative Dispute Resolution

Before initiating any formal legal proceeding, the parties shall first make good-faith efforts to resolve any dispute through informal discussion or mediation. If the matter is not resolved within thirty (30) days of written notice of the dispute, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

The arbitration shall be conducted by a single neutral arbitrator in New Jersey, unless both parties agree otherwise. Each party shall bear its own legal fees and costs unless otherwise determined by the arbitrator.

This clause does not preclude either party from seeking temporary injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.

3. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.

11. Electronic Communications and Consent to Electronic Records

By using this Site, creating an account, submitting a form, or communicating with The Heart Helix LLC electronically, you consent to receive communications, agreements, notices, and disclosures in electronic form.

You acknowledge that electronic records, including those bearing digital signatures, satisfy any legal requirement for a writing or signature under applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and relevant state Uniform Electronic Transactions Acts (UETA).

All electronic communications from The Heart Helix LLC—including confirmations, policy updates, and consent forms—shall be deemed delivered when sent to the email address or online account you provide. You may withdraw consent to electronic delivery at any time by contacting [email protected], though doing so may affect the ability to use certain online features or services.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY FUTURE MODIFICATIONS OF THEM, PLEASE EXIT THE SERVICE IMMEDIATELY.