Terms & Conditions

Updates:

These terms of use are subject to change at any time at the sole discretion of the Site Owner and Operator. Please check back regularly for updates.

Terms of Use:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR LANDING PAGE. By using this website and/or landing page, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms of Use and any documents incorporated herein by reference. If you do not agree to these Terms of Use, you must cease usage of the Site, or any related services, immediately.

This Site is intended for individuals who are 18 years of age or older.  By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

 These terms of use apply to your use of all of the sites and services owned, hosted, or operated by Cancer Coach Professionals of America, Inc. (collectively “we”, “us”, “our”), which includes www.cancerrecoveryroadmap.com, and www.cancerrecoveryroadmap.ca, among others (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, landing pages, training materials, blogs, masterclasses, webinars, podcasts, products, services, and/or all other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”), are maintained for your personal use and information by Cancer Coach Professionals of America, Inc., (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company. 

Requests for prior written consent should be addressed to the following email: admin@cancerrecoveryroadmap.com. You may provide links to our Site as long as:

1. you clearly give credit to us as the author,
2. include a hyperlink to our Site,
3. you do not remove or obscure any portion of our Site by framing or otherwise,
4. your website does not engage in illegal or pornographic activities, and
5. provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. You must not provide links from any website that is not owned by you. You must cease providing links to our Site immediately upon our request.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark Cancer Coach Professionals of America, Inc., are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at admin@cancerrecoveryroadmap.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. The content on the Site and/or landing page, including graphics, text, blogs, webinars, masterclasses, podcasts, and all other material is not intended as a substitute for professional medical advice. For information regarding a medical condition, seek the advice of your physician. Neither the content nor any other product or service offered by or through the Site and/or landing page is intended to be relied upon for medical diagnosis or treatment. Only your physician/healthcare provider knows your medical history and current medical requirements and its benefits or drawbacks as it pertains to integrative care. Never disregard your doctor’s medical advice or delay in seeking it as a result of something on this site. Cancer Coach Professionals of America Inc., its staff, or agents make no representation or warranty with respect to the content of the Site and/or landing pages, or information furnished by it or any agents, employees, or representatives. Cancer Coach Professionals of America, Inc., specifically disclaims to the fullest extent permitted by law any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, information completeness, timeliness, correctness, non-infringement, and fitness for any particular use, application or purpose.  

Affiliate Disclaimer:

From time to time, the Company will provide affiliate links to help you easily find the resources, tools, products, programs, and/or services mentioned in our content. The Company may earn a commission by recommending and sharing links for various helpful tools, products, services, and programs. When the viewer uses the links provided, the minimal commission we receive is of no cost to you and is greatly appreciated because it supports the growth of our company! In saying that, the viewer is in no way obligated to use the provided links. 

Furthermore, any links that lead to products or services shall be assumed as affiliate links that the Company receives compensation for. 

From time to time, the Company may also have affiliate partners to support the growth of our business. Any person that is sharing a referral with you to purchase products, programs, and services from the Company may be receiving compensation from the Company and should be noted in their disclaimers. 

Our editorial content, including the opinions we express on products, services, and merchants are not influenced in any way by advertisers or affiliate partnerships. We only endorse products, services, and merchants that we have personally used/tested and consider of the highest quality standard.  Please refer to our Disclosures for further information. 

Accuracy and Advice:

While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. The Company does not suggest that any of our information is better than the use of professional experts and services in any field including, but not limited to, medical, legal, financial, or psychological matters.

Reliance on Content:

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed. Please refer to our Full Disclaimer for further information. Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm. 

Consent To Contact:

When you register and/or provide your name, email address, or other personal information to the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, marketing material, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email or text message. You may unsubscribe at any time. 

Content You Submit To Us:

You may be provided with the ability to upload, display, post, transmit, send, email, or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid, and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for-profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that

•  the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
• the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person,
• the content you submit to us does not result in a breach of contract between you and a third party,
• the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

No Warranties:

We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Privacy:

1. While using the Site, you may provide certain personally identifiable information, such as your name, email address, or IP address. The Company shall use reasonable efforts to protect your privacy and security, and restrict unauthorized access to our data and files as much as possible. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

2. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. We process information about you in accordance with our Privacy Policy. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.cancerrecoveryroadmap.com/pages/privacy-policy, and you warrant that all data provided by you is accurate. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

3. We, the Company, use reasonable efforts to ensure that we are compliant with General Data Protection Regulation (GDPR) (UK). The Company is committed to compliance through data mapping to show how information moves through our organization, an excellent privacy policy, and training to ensure that the Company is adhering to all sections.

Limitation of Liability:

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS, AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CAN NOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE, THIRD-PARTY ENTITY, OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE, THIRD-PARTY ENTITY, OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.

THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE AT ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Prohibited Use:

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.

 You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing, or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

 You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

Comments:

When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.

 For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance with our Privacy Policy (https://www.cancerrecoveryroadmap.com/pages/privacy-policy).

 An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

 If you leave a comment on our Site, you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. 

 Your comment may be checked through an automated spam detection service.

 You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

 We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive, otherwise objectionable, or in violation of intellectual property laws or these Terms & Conditions.

Links To Third-Party Sites and Services:

 This Site may from time to time contain links to third-party sites and services. We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them. We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

Embedded Content From Other Sites:

Content on this Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website. These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

Intellectual Property:

The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.

When using the Site, purchasing a digital product or course from the Site, or downloading a digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:

– modify, copy, reproduce or sell the materials;

– use the materials for any commercial purpose;

– decompile or reverse engineer;

– remove any copyright or other proprietary notations from the materials;

– transfer the materials to another person;

– create derivative works based upon the materials;

– offer any competing products based upon the materials.

Confidentiality:

You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses, and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

Refund and Return Policy:

DIGITAL PRODUCTS

When purchasing a digital product through the Site, you agree to the payment of the purchase price listed on the Site for the Product (the ‘Purchase Price’). 

Payment of the Purchase Price may be made through a Payment Gateway Provider such as Stripe, PayPal, or Google Pay. In purchasing a digital product through the Site, you warrant and represent that you agree to be bound by the applicable Terms and Conditions, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Provider.

Once the purchase is completed, you will be issued a receipt to confirm that the payment has been received and we may record your purchase details for future use.

Due to the nature of digital content, all purchases of digital products, courses, and memberships from our Site are final unless a refund is required under relevant consumer protection laws.

 PRODUCTS/PHYSICAL ITEMS

 When purchasing a physical product through the Site, you agree to the payment of the purchase price listed on the Site for the Product (the ‘Purchase Price’). 

Payment of the Purchase Price may be made through a Payment Gateway Provider such as Stripe, PayPal, or Google Pay. In purchasing a product through the Site, you warrant and represent that you agree to be bound by the applicable Terms and Conditions, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Provider.

Once the purchase is completed, you will be issued a receipt to confirm that the payment has been received and we may record your purchase details for future use.

If you are not pleased with your purchase, we may, at our sole discretion, refund the Purchase Price minus shipping costs within thirty (30) days of your purchase provided that

• the item is in its original packaging, including instruction manuals and all accessories;
• the item is unworn, unopened, unused, and in its original condition;
• receipt or alternative proof of purchase is produced.

 You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the refund claim.

If you wish to request a refund or a replacement, you must provide your receipt or alternative proof of purchase and the reason for your request within thirty (30) days by sending a written notice to Cancer Coach Professionals of America, Inc by email at admin@cancerrecoveryroadmap.com.

Where the refund or replacement request is accepted, we will provide you with instructions on how to return the item in a timely manner.

When issuing a refund, if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse.

Please allow 10 business days for the funds to be transferred.

Under our warranty for material defects and workmanship in the product, you are entitled to a replacement or refund for a major failure of the product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.

 If you wish to make a warranty claim under this clause, you must provide your receipt or alternative proof of purchase and the description of material defects and workmanship in the product within thirty (30) days by sending written notice to Cancer Coach Professionals of America, Inc by email at admin@cancerrecoveryroadmap.com.

Where the warranted claim is accepted, we may, at our sole discretion, either repair or replace any defective product or part thereof with a new or remanufactured equivalent at no charge to you for parts or labor.

You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the warranty claim.

The warranty claim shall be the sole and exclusive warranty granted by us and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the product to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to thirty (30) days.

Our warranty for material defects and workmanship in the product shall not apply to a product that has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

You acknowledge and agree that we may use third-party delivery companies and that we are not the provider of the delivery.

In the event that an item is lost or damaged in the course of the delivery, you shall contact the delivery service provider to request a refund or make a claim.

Mandatory Arbitration Clause and Class Action Waiver:

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.  

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Toronto/Greater Toronto Area, Ontario. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Ontario, Canada. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

Indemnification:

You agree to indemnify and hold the Company and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs, and other legal expenses, arising out of or relating to (i) your violation of these Terms & Conditions, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, (v)  any act or omission in connection with your use of our Site, (vi) your infringement, of any intellectual property or other rights of any person or entity, and (vii) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Governing Law:

These Terms of Use and any dispute or claim arising from or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the provincial and federal courts sitting in Toronto, Ontario. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement; Modification: 

These Terms & Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof. 

No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled, or terminated orally or by any course of dealing, or in any manner other than upon written notice.

Counterparts: 

 These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms & Conditions.  

Assignment: 

 Neither these Terms & Conditions nor any of the rights, interests, or obligations granted hereunder shall be assigned, sold, leased, or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

Severability:

Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such conditions, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.

No Waiver: 

The failure to exercise any right, power, or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Headings and Captions: 

 The headings and captions in these Terms & Conditions are included for convenience of reference only, and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.

 Force Majeure: 

 Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

Termination: 

 We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.

Amendments:

We reserve the right to revise these Terms & Conditions at any time by amending this page. All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes. If you do not agree with the changes to these Terms & Conditions, you can choose to discontinue the use of our Site.

Last Updated: Jan 31, 2022