TERMS & CONDITIONS AGREEMENT
WELCOME TO OUR WEBSITE!
Jessica Clifford welcomes you. We invite you to access and use our Website under these Terms and Conditions. Please read these terms carefully before using our Website.
Last updated: February 21, 2021
The material appearing on this Website, is provided as either information about the Company’s self-promotion, blog and/or services. The owner of this Website, and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on, or material linked to, on this Website.
To access or use our Website, you must be 18 years of age or older and have the requisite mental capacity to enter into the Terms and Conditions Agreement. By using this Website, you represent that you are at least 18 years old and agree to be bound by the Terms and Conditions under this Agreement.
1. ACCEPTANCE OF TERMS:
1.1 The following Terms and Conditions Agreement (hereinafter: “TOC”) is a legally binding agreement that shall govern the relationship with the Company’s users and others which may interact or interface with the Company, the Website, and the Company’s subsidiaries and affiliates. Your access to and use of this Website signifies your acceptance and agreement of the Terms and Conditions.
3. FOR INFORMATIONAL PURPOSES ONLY:
3.1 Any and all information by or on this Website is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. This includes all digital content, including but not exhaustive of, email, blog, podcasts, events, any and all social media, including, but not limited to: social media marketing platforms, webinars and other content, whether or not they are available for purchase, as resources or education and/or informational use only. All aforementioned content does not constitute professional advice and is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Website, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk.
4.1 All materials created by the Company on the Website are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company.
5. LICENSE OF INTELLECTUAL PROPERTY:
5.1 Unless otherwise stated, the Company and/or its licensors own the property rights for all material on the Website, any digital products sold or downloaded through the Website, as well as any and all materials on accompanying social media platforms, including, but not limited to all social media accounts outlined herein. All intellectual property rights are reserved. If we have materials on the Website that you can download, permission is granted to download copies of said materials for personal, non-commercial transitory viewing only.
5.2 This is the grant of a license, not a transfer of title. Under this License the User may access the Website for personal use, but the User may not:
(i) Modify, copy, republish, reproduce, or redistribute the Website materials;
(ii) Use the Website materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial);
(iii) Transfer the Website materials to another person or ‘mirror’ the materials on any other server.
5.3 If such behaviour, as outlined above, is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke your access to the Website, as well as any programs or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5.4 The Company further reserves the right to request that you remove all links or any particular link thereof, linking to our Website. You accept to immediately remove any and all links upon request.
5.5 Any requests for written permission to use any content posted on this Website must be expressly made before you use any such content, and may be made by sending an email with your written request to: firstname.lastname@example.org.
6. LIMITED LICENSE TO YOU FOR USE OF PRODUCTS OR DOWNLOADS:
6.1 The User understands that in purchasing any program on this Website, or downloading and accessing any material on this Website, that the User is gaining access to view all content and information available as part of the material provided for by the Website, as well as any additional information or content shared with them by the Company. The User understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by the Company. As a “Licensee,” the User understands and agrees that the User will not: (i) copy, edit, distribute, duplicate or steal any information or any content obtained through any program on this Website, or downloaded without written permission by the Company; (ii) post, distribute, copy, steal or otherwise use any portion of the program on this Website, or downloaded, or it’s content without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against the User; (iii) share purchased materials, information, content with others who have not purchased them; and (iv) the User further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute an infringement and/or theft of our work, and a violation of this Agreement and applicable law.
7. LINK TO THIRD PARTY WEBSITES:
7.1 This Website may contain links to third-party websites and/or resources, which are not maintained by or related to us. All such linked websites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked websites nor for any losses or damages, you may incur as a result of the use of any such website. You acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. You understand that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purposes of the links provided are to improve your use of the Website, to enable you to connect with the Company on various platforms, and to help the Company offer their services and conduct transactions.
8. SOCIAL MEDIA GUIDELINES:
8.1 The Terms and Conditions of this Website extend to the use of social media platforms as outlined herein and any and all reviews or comments regarding your use of the services, program or information from, on or through the Website. The Company requests you follow and adhere to the following guidelines:
(i) The Company reserves the right to remove, block and/or delete any comments that may be construed as bullying, name-calling, foul language, or contrary to the Website's intended conversation of positivity, education and encouragement.
(ii) By using any and all social media platforms, you verify that all information submitted is accurate and factual. Negative comments and/or complaints posted by you may be construed as claims about the Company and may be subject to legal claims.
(iii) You further agree to privately contact the Company with any concerns or suggestions prior to, and in replacement of, posting publicly.
9. FEEDBACK, COMMENTS AND TESTIMONIALS:
9.1 With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the services and/or product-related forums, calls, or otherwise, for the purpose of marketing or promoting the Company, services and/or products. You understand that any comments posted on this Website or on our social media channels/profiles reflect the views and opinions of that person who made said posts and not the views and opinions of the Company. The Company reserves the right to comment, delete and or edit any comment or posts made on this Website or on our social media channels/profiles.
10. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED:
10.1 You understand that any information you provide or share with us directly or indirectly, by use of this Website will not be treated as confidential or privileged. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
11. PURCHASE POLICY:
11.1 If you purchase a program, product or service from us, you may also enter one or more separate Agreement(s) with the Company and will be subject to the terms outlined in the Terms and Conditions and any accompanying agreements (that may include a Terms of Purchase or Private Client Agreement). You agree to be bound by all agreements and abide by the contents therein. All digital products or products/services sold on or through this Website will be subject to the Terms and Conditions and Terms of Purchase.
12.1 There will be no refunds of any kind for any and all digital products or products/services offered by the Company, sold on or through the Website. All sales of this type are complete and final. By purchasing any and all digital products or products/services on this Website, the Client accepts without dispute the terms herein and waives any and all claims in connection with the refund policies herein.
13. RESULTS NOT GUARANTEED:
13.1 The Company may share the successful results arising from use of the Website and or its products/services offered to, its users, or customers. These examples are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Website, and/or use of the services and products offered herein, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing on the Website, or in the use of the services and products offered herein, are a promise, warranty or guarantee to you of gaining such results.
14.1 The Website and extended social media platforms may feature the testimonials from previous clients and/or customers of our products, packages and services. These are intended to provide readers with comments, feedback and information from other’s experiences with our products, packages and services. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Website, products, packages and services. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results. Nor do these testimonials guarantee any level of results. The User accepts that by viewing the selected testimonials that the User does not expect the same results, and accepts that results will vary on a case by case basis.
15. MODIFICATIONS AND CHANGES:
15.1 The Company reserves the right, at our sole discretion, to modify, replace or revise the Terms and Conditions for this Website at any time and without notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms of the TOC. If you do not agree to the new Terms, please stop accessing our Website. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.
16.1 To the fullest extent permitted by applicable law, all information, products, packages or services provided through this Website are provided “as is” and “as available”, without warranty or conditions of any kind. We cannot guarantee and do not promise any specific results from use of the Website and any products or services promoted and sold therein. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms and Conditions.
16.2 The User accepts that use of this Website will be at their sole risk. To the fullest extent permitted by law, the Company, and its advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and contractors disclaim all warranties, expressed or implied, in connection with your use of the Website, programs, packages or services.
16.3 Further, to the fullest extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Website’s content, the content on any Website linked, or information or any other items or materials on the Website or linked to by the Website.
16.4 Further, you understand and acknowledge that the Company is not a medical health provider, doctor, therapist, psychologist, nor are they certified in any fitness, nutrition training services or mindfulness modalities. Nothing on this Website, or in its programs, packages or services, is intended to take the place of a consultation with any professional or as professional advice.
17. LIMITATION OF LIABILITY:
17.1 In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) modification, interruption, suspension or discontinuance arising out of the use or inability to view or use the materials or content on the Website, even if the Company has been notified orally or in writing of the possibility of such damage.
17.2 The Company shall not be held responsible for any content that appears on the Website. You agree to protect and defend the Company against all claims that may be interpreted as: libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
17.3 Your decision to visit our Website, use the information contained therein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold the Company harmless from any damages directly or indirectly resulting from your use of Content or Products or Services on our Website or distributed through email, and agree you will not make any claims against us the Company herein.
18.1 As a condition of your use of the Website, you hereby release the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting from/ or arising out of your use of this Website.
19. RELEASE OF CLAIMS:
19.1 The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our digital products or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future.
20.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. GOVERNING LAW:
21.1 Any claim relating to the Company Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
22. ENTIRE AGREEMENT:
22.1 The Terms and Conditions and any other legal notices, policies and guidelines of the Company linked to these Terms and Conditions or contained on this Website constitute the entire Agreement between you and the Company relating to your use of this Website and supersede any prior understandings of the Parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.
23. CONTACT: If you have any questions about these Terms, please contact us at: email@example.com.
WELCOME TO OUR WEBSITE!
Last updated: February 21, 2021
The Policy will notify the User of the following:
1. What personally identifiable information is collected from you throughout the Website, why it is collected, how it is used and with whom it may be shared;
2. What choices are available to the User regarding the use of your data;
3. The security procedures in place to protect the misuse of the User’s information;
4. How the User can correct any inaccuracies in the information.
The Company and the Website reserve the right to make changes to this Policy at any given time. If the User wants to make sure that they are up to date, we advise the User to frequently visit this page. If we decide to utilize any personally identifiable information in any other manner than prescribed when initially collected, the User will be notified by email.
By using this Website and affiliated social media accounts, the User is consenting to the data collection procedures expressed in this Policy.
INFORMATION THE WEBSITE COLLECTS, USES AND SHARES:
1.1 This Website provides several opportunities for the User, to voluntarily provide us with personal information in exchange for a free resource, to be added to our email or subscriber list, or to contact us. If the User elects to “opt-in” and provide us with personal information for any of these purposes, we will collect the information provided, which may include the User’s name, email address, phone number, and the text of any messages sent to us. We will also process personal information in the form of comments, images, or videos that the User makes or shares on our blogs, social media pages, or any other online forum currently available now, or made available in the future. The User understands that their decision to provide any information to the Website and/or the Company in this manner is voluntary and constitutes their clear consent to allow the Website and/or the Company to collect, process, and retain such information.
1.2 If the User elects to fill out the “contact us” portion of our Website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, the Website may collect personal information including their name, email address, phone number, the information the User shared with that social media platform, as well as the text of any message sent electronically. This data will be processed based on the Website’s legitimate interest in communicating with the User, answering any questions or concerns raised. We may also retain the aforementioned data to keep a record of any such communication.
1.3 If the User becomes a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services as requested, including but not limited to User name, email address, billing address, credit card or payment information, and any other information necessary in order to complete the purchase of the product or service the User has elected to buy. The Website will collect and process this data in order to fulfill the contractual obligation to complete the order and will not retain the information any longer than necessary. The Website uses third-party data processors to facilitate user payments, and will not retain nor have access to the User’s payment information.
1.4 If the User is on the Website and or Company’s email list due to their consent to be added, or due to the Website or Company’s legitimate interest in engaging in direct marketing, the Website or Company may also use User data to send targeted social media advertisements or upload User information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from the Website or Company will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from such a list or contact the Website or Company with any questions or concerns.
1.5 This Website may also collect information through Automatic Data Collection Technology. The Website may use or send standard “cookies” to identify the User’s browser from time to time. The Website does not include any personally identifiable information in cookies and will not employ any other mechanisms (other than those discussed above) to capture data on our Website. The Website may use both session cookies (which expire once the User closes their browser) and persistent cookies (which stay on the User’s computer until deleted). The User can accept or decline cookies using web browser settings. If the User chooses to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by the User’s browser.
1.6 This Website may also collect data about how the User uses the Website, browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices the User makes, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our Website and offerings, and ensure the User receives information relevant to them. If the Website utilizes this technology, the Website will use them in compliance with all policies of these third-party companies. This Website may receive personal data from third-parties including Google, social media platforms, search engines, PayPal, Stripe, and other third-party payment processing companies.
HOW AND WHY IT IS COLLECTED:
2.1 This Website collects the User’s personal information when you voluntarily and/or directly provide it to the Company to receive a free or paid resource, product, or service, or when the User fills out a form or sends an email to contact the Company, and does so in order to provide the User with the resource the User indicated they would like to receive. The Website may also track the User’s future interactions with content, and use personal information to keep the User informed about the products and services they have elected to receive, as well as any linked or similar products or services the Company thinks the User may be interested in. The information will be collected by the Website following the User’s choice to manually enter it in and click to be added to the Company list. No such information will be collected without the User taking action to be added to the list, or in exchange for a free resource.
2.2 This Website may also receive data from third-parties like Google Analytics, Facebook and other advertising platforms, providers of technical or payment services as needed, and other similar third-parties. The Website will do our best to only utilize third-parties who have been deemed GDPR-compliant, and whom the Company has either completed a data processing agreement with or have reviewed and confirmed their policies regarding data processing to ensure compliance.
HOW WE USE YOUR INFORMATION:
3.1 The User has the right to know and understand how their information is used. The Website will use the personally identifiable information that the User has voluntarily given us in order to carry out the service or product requested, including free resources, trainings, newsletters, periodic promotional emails, and to notify the User about any changes to our policies or services. This Website may also use the User’s personal information to form “look-a-like” audiences in the Company’s digital marketing campaigns, which includes uploading User information into our social media advertising campaign.
3.2 If the User purchases something from the Website, we will use the User’s billing address and credit card information to complete your desired purchase or purchases only and will not store or share any such information. By providing this information to the Company, the User understands and agrees that the Company and/or Website may use and store such information to send emails; bill credit cards in exchange for programs or products purchased or utilize comments for marketing purposes.
3.3 If the User makes a purchase from our Website, we may also use your personal information to send necessary updates to our products or services you have purchased, or to keep the User informed of any necessary information relating to the Company’s products or services.
3.4 Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using the Website; it is not used for any additional purposes, and the Website does not use any such data to make automated decisions. The Company and Website may also record some or all information to help create a better User experience. The Website may use information such as the User’s IP address to help diagnose technical problems with Company servers or our Website, and to determine which portions of our Website receive the most traffic, to understand which content is the most useful to our visitors. The User’s IP address will not personally identify them and may be used in such limited purposes as outlined above, in order to improve user experience.
HOW INFORMATION IS STORED AND SHARED:
4.1 The User has the right to know what information is stored (and not stored) and how it is processed. User information is stored through a data management system, and it is important to this Website and Company to take appropriate measures to ensure your information is kept confidential. The User understands that there are limited purposes where this Website and Company will share the User’s confidential information, including with those who are providing technical support for our Website, or those who are members of our team, including legal and accounting. Any parties who will have access to the User’s information will keep such information confidential and will never share it with any unrelated parties to the best of the Company's abilities. Information provided by the User will never be shared, sold, or given to any other company or person without prior consent, other than what is required to complete a purchase or request made by the User, unless required to do so by law, or any governmental requirements. This Website and Company requires all such third-parties to treat the User’s personal information in accordance with the law, and only allows them to process personal data for specific, necessary purposes.
4.2 Please be aware this Website may disclose information provided if required to do so by law, or if there is an honest, good-faith belief that such disclosure is necessary to protect the rights of our Website or of the Company that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may be committed, or to protect the safety or rights of other users. This information may also be shared as a result of the sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should the Company deem it necessary to share such information. This Website will always take all reasonable measures to protect and safeguard the User’s information.
4.4 By collecting and using the User’s personal data, this Website is acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the personal information will be used for. This Website utilizes a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
YOUR ACCESS TO, AND CONTROL OVER INFORMATION:
5.1 The User has the right to update, edit, or delete their information from our database. It is also within the User’s right to opt-out of any future communications from us at any time by clicking the “unsubscribe” button at the bottom of any email we send the User from our list. Should the User wish to request access to information that the Company has about them, correct or edit any information, or unsubscribe from the Company’s email list, and/or remove or delete their information from our database, the User also have the option to do so at any time, free of charge, by reaching out via the following email address to: firstname.lastname@example.org.
See what data this Company holds about the User, if any.
Change/correct any data this Company holds about the User.
Have us delete any data this Company holds about the User.
Express any concern you have about this Company’s use of the User’s data.
UNSUBSCRIBE OR OPT-OUT:
6.1 All users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website please send an email that you wish to unsubscribe to email@example.com. We will continue to adhere to this Policy with respect to any personal information previously collected.
INFORMATION PROTECTION AND DISCLOSURE:
7.1 This Website and our Company take precautions to protect the User’s information against unauthorized access, unlawful processing, accidental loss, destruction and damage. Any information submitted to the Company via the Website is protected both online and offline. However, no method of transmission over the Internet or method of electronic storage is 100% guaranteed, therefore we can only guarantee a reasonable level of absolute security of the User’s personally identifiable information.
7.2 Wherever this Website collects sensitive information (such as credit card data), that information is encrypted and transmitted to the Company in a secure way. The User can verify this by looking for a lock icon in the address bar and/or looking for “https” at the beginning of the address of the Web page.
7.3 While this Website uses encryption to protect sensitive information transmitted online, we also protect User information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
7.4 Our Company has determined it is not required to appoint a Data Protection Officer, as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects nor do we process sensitive categories of data on a large scale.
HOW LONG WE KEEP YOUR INFORMATION:
8.1 The data this Website collects from the User will be stored no longer than necessary, based on how long User information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, any limitation periods prescribed by law within which claims might be made, the type of contract we have with the User, the existence of consent and our legitimate interest in keeping such information as stated in this Policy. In any event, only for as long as the Data Protection Legislation allows.
9.1 If the User is a California resident, they have the right to request information from the Company regarding the manner in which we use and/or store the User’s personally identifiable information and share their information with third-parties. the User may contact us at the following email address: firstname.lastname@example.org.
9.2 For more information about California Do Not Track and User rights as a California resident with respect to User Personal Information, please visit: www.allaboutdnt.org.
10.1 In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) this Website and Company confirms we have lawful grounds for processing the information we collect from the User. If the User provides personal information via the Website “contact us” page or sends us any other form of electronic communication, we will process the User’s data based upon our legitimate interest to respond to user or customer inquiries. If the User elects to receive communication from our Company by “opting in” and provides us with their name and email address in exchange for a free resource or training, or if the User makes a purchase from us, we will process User data for the purpose it was collected based on affirmative consent to do so, and may periodically send additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. The Company may also give the User the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to the User based upon their decision to opt-in to one or more of our free resources, and will obtain User consent to do so. The User may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offences or convictions.
10.2 The data controller responsible for the User’s personal information for the purposes of GDPR compliance is: Jessica Clifford, email@example.com.
For more information regarding the User’s rights to their Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
11.1 If the User is a resident of Canada and a user of this Website they may request certain information regarding the disclosure of their Personal Information and shall be given access to that information. Individuals may also challenge the accuracy and completeness of the information the Company holds and have it amended as appropriate, if necessary.
11.2 For more information regarding the User’s rights under Canada’s Personal Information Protection and Electronic Documents Act, please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/
Any claim relating to the Company Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
HOW TO CONTACT US:
Last updated: February 21, 2021
NO GUARANTEES OF EARNINGS OR SUCCESS
1.1 The Company does not make any guarantees of any level of success or potential earnings that the User may obtain resulting from use of the Website, access to free resources and masterclasses or as a paying customer of any products and/or programs. The Company values User success and will provide knowledge and value for them to succeed, but the Company makes no guarantees whatsoever of any level of success or potential earnings from use of the Company Website, products or services.
1.2 The User understands that the Company has not made any guarantees about the results. The Company provides solely educational and informational resources intended to help the User succeed in their endeavours. While the Company makes every effort to ensure that we accurately represent our products and services and their earning potential, through reviews and/or results from previous clients, customers and/or users of our products and services, we do not guarantee similar levels of success or potential earnings and the User or paying customer, accepts the risk and full responsibility of their own levels of success and potential earnings.
1.3 The Website User and/or paying customer understands that reviews/testimonials and/or results from previous clients are exceptional results from users and are used for testimonial and marketing purposes. They are not intended to represent or guarantee that anyone will achieve the same or similar results. The User and/or paying customer further understands that their ultimate success or failure will be the result of their own efforts, particular situation and innumerable circumstances beyond the control and/or knowledge of the Company and/or it’s Website.
FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY
2.1 Any and all information contained on this Website, the resources available for download and any and all social media channels, are for educational and informational purposes only. It is not intended as, and shall not be understood or construed as, professional advice. Regardless of anything to the contrary, nothing available on or through this Website and all social media channels, should be understood as a recommendation that you should not consult with an industry professional on any given matter. The Company expressly recommends that the User seeks advice from a professional where and when necessary and/or applicable.
ERRORS AND OMISSIONS
3.1 By accessing this Website and all social media channels, the User accepts that neither the Company nor any of its owners, directors, employees or contractors, shall be held liable or responsible for any errors or omissions on this Website, nor any damages you may suffer as a result of failing to seek competent advice from a professional. The User expressly agrees not to rely upon any information contained in this Website.
PERSONAL RESPONSIBILITY OF USER
4.1 By accessing this Website, the User accepts responsibility for the results of their actions. The User agrees to take full responsibility for any harm or damage suffered as a result of the use, or non-use, of the information available on this Website, the resources available for download, any tutorials, products or services available for purchase or on any and all social media channels/profiles.
5.1 The Company may provide a review of products, services or other resources. The Company guarantees all reviews will be based on honest opinions and will disclose the existence of any discount or incentives received in exchange for providing the review. If the User would like more information about any such discount and/or incentive, the User may contact the Company at the following email address: firstname.lastname@example.org.
SHARING WHAT WE LOVE
6.1 The Company may share reviews of products that we love at the Company’s sole discretion, but from time to time, we may participate in affiliate marketing and may allow affiliate links to be included on our Website in exchange for a commission earned when the User or any user clicks or makes a purchase. We promise to only participate in affiliate marketing with products and/or services that we believe provide value to the User and our clients, paying customers and/or following. Anything the Company shares is not professional advice and the Company asks that the User not rely solely on said opinion/s and understand it is at the User’s discretion to inform themselves independently if the product and/or service may be of benefit.
6.2 The Company may also offer teachable strategies regarding the use of online social media platforms, other companies programs or courses, technology and/or software’s for the benefit to the User and their endeavours, but the User and/or paying customer understands that the Company has no official or registered partnerships with any of the platforms mentioned on this Website or in any programs or masterclass/tutorials unless otherwise explicitly specified.
6.3 The User and/or paying customer understands that they retain the right to choose to work with any company and/or platform mentioned or taught through the Company’s programs, products, trainings and/or masterclasses/tutorials and the User further understands it is at their discretion to inform themselves independently if the product and/or service may be of benefit.
7.1 Any and all testimonials, written, photo or video recorded statements, provided for on the Website, or through the Company’s products or services, and across social media channels are truthful statements about results obtained by the Company’s clients or paying customers. The User and/or paying customers understand that results or any levels of success or potential results are not guaranteed. The Company is extremely proud of our amazing clients who have achieved incredible results, and we have chosen to highlight a sampling of our favourite clients for marketing purposes only.
8.1 To the extent permitted by applicable law, all material or items provided through the Website are provided “as is” and “as available”, without warranty or conditions of any kind. By accessing this Website, the User agrees that the User’s use of the Website will be at their own sole risk. To the fullest extent permitted by law, the Company and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and other contractors, disclaim all warranties, expressed or implied, in connection with the Website, any services or products, and the User’s use thereof.
8.2 The Company is released of any and all liability for any success or failure the User may experience in relation to the information, products and/or services provided for, reviewed by, or advertised on this Website. The User agrees to absolve the Company of any and all liability.
8.3 Further, to the extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Website’s content, the content of any website linked, or information or any other items or materials on the Website or linked to by the Website.
8.4 The User further understands that the Company does not offer any professional legal, medical, psychological, or financial advice and any and all information on this Website is for information and educational use only. The Company is not a therapist, psychologist, or doctor and it is the responsibility of the User to seek such independent professional guidance as needed.
LIMITATION OF LIABILITY
9.1 In no event shall the Company be liable for any actions you do or do not take based on the information on this Website or in any products or services sold through the Website. The User and/or paying customer understands that the Company will not be liable for any damages based on your participation of using this Website or through your participation and use of any products or services sold or obtained on or through the Website.
9.2 To the fullest extent permissible by applicable law, the Company, and by extension its owner, and any operators, employees or contractors of the Company will not be held responsible for any form of damages and/or legal claims against it based out of the User’s participation in using this Website or through their participation and use of any products or services sold through the Website.
10.1 As a condition of the User’s use of the Website, the User hereby indemnifies the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from use of this Website.
11.1 If any provision of this Disclaimer shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Disclaimer is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12.1 Any claim relating to the Company Website shall be governed by the laws of the Province of Ontario.
Contact: Please feel free to connect with the Company to ask us any questions. All communications should be directed to: email@example.com.
Thanks so much and we appreciate you reading our Disclaimer!
IMAGE LICENSE AGREEMENT
At STUDIO JE T'AIME we want to support creatives, not restrict them and so offer fair image licensing terms to our users and customers. As entrepreneurs and creatives, we can all agree that there’s nothing worse when you see your work being used without your consent or in terms that you didn’t originally specify. As a business owner and creative, we know that you value integrity and so we ask all of our users to respectfully uphold the terms and conditions as listed below.
Nobody wants to wade through pages of complex legal jargon and worry unnecessarily about what you can and cannot do with stock photos. Time is precious and we wouldn’t want you to waste yours. After all, you’ve got important work to do. So, below in plain English you’ll find our image usage terms and conditions below.
Your purchase (whether as a member or if you have made a single image/bundle purchase) includes a non-exclusive, limited use Standard License. The following terms apply for all purchases as well as the free photos provided for our mailing list subscribers (identified as ‘users’):
-Use images for personal or business use for both online and in print.
-Edit the image in anyway that you wish – change colours, add filters, crop, overlay the image with text etc. Feel free to get creative.
-Use the images for your website, social media posts and you don’t need to credit when you do.
-Use the image to create digital products for your business, such as opt-in downloads for your audience like e-books, PDFs, worksheets etc. However, images must be flattened as part of the design (so they can not be extracted) and must not be the main component of the product/download. To clarify, whether free or offered as an End Product for sale, it is not OK to use the images themselves (even if they’ve been edited) as the download.
-Use the images an unlimited amount of times for personal projects but are limited to use images once for commercial projects.
-Use the images to create End Products for sale where lifetime sales of the End Product for sale do not exceed 500 units. More details about this can be found in the Q&As section below.
Users/members may not:
- Claim the image as your own.
- STUDIO JE T'AIME | JESSICA CLIFFORD owns the original rights to the image and as a customer you are agreeing to simply use the images in the ways outlined in these terms.
- Re-distribute, sell or lend the image to third parties in any way. Not even a little bit. A great deal of time and love goes into creating these images especially for our customers and so please do respect us as creators and the work that goes into creating the images.
-Transfer membership or login credentials to a third party, even if it’s a client, customer, or business partner. If you wish to do this, please get in touch with us directly at firstname.lastname@example.org so we can handle the request in a proper manner.
-Use the images to promote or sell other stock photography products, services or resources because no-one likes false advertising.
-Use the images to promote illegal activity, pornography or to spread negative messages. Just no. Let’s keep things above board and positive.
If you violate any of the terms listed above, we have the right to suspend your membership with immediate effect.