No Refund Policy
Upon execution of this Agreement, any payment(s) by Customer to Service Provider for the provision of services, consultation, access to materials, is non- refundable. Customer acknowledges that all sales or payments to Service Provider are final. Customer further agrees to waive any rights to "charge-back" or dispute payment(s) with his/her credit card processor or bank. Customer further acknowledges that there shall be no refund whatsoever if the Service Provider terminates this Agreement at any time during the term of this Agreement, or if this Agreement is terminated by Act of Default, as provided for herein.
Service Provider is not liable for any payments that are not completed because: (1) Customer's credit card account does not contain sufficient funds to complete the transaction(s) or the transaction(s) would exceed the credit limit or overdraft protection of the credit card account; (2) Customer has not provided Service Provider with the correct payment account information; (3) Customer's credit card has expired; or (4) of circumstances beyond Service Provider's control (such as but not limited to, power outages, interruption of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by your jurisdiction or by tax law. The Service Provider is not responsible for any taxes or duties owed by Customer.
Confidentiality and Non-Disclosure
1. Confidential Nature of Information. Customer agrees to treat all information obtained from Service Provider in the performance of this Agreement, including but not limited to the online course content, the substance of the conference calls, Customer's log-in credentials (such as username and password), and the price of any services, or any other of the Provider’s Materials as confidential and proprietary to Service Provider. Customer shall treat all records, information, and work-product prepared, shared, or maintained, including the Provider’s
Materials and the Service Provider’s and/or its employees, agents, and representatives in the performance of this Agreement as confidential and will not disclose this information to any other persons, social media platforms, firms, or organizations, or publish same in any manner accessible by any person not under contract with the Service Provider, by any means. Further, nothing in this Agreement or in the performance of this Agreement shall be construed as granting or conferring any rights by license, express or implied, regarding any ideas made or conceived by Service Provider, nor as granting any right with respect to the use or marketing of any product or service of Service Provider.
Releases of Liability
The Customer agrees to hold the Service Provider, its officers, employees, or agents, harmless from any loss, claim, damage, or liability of any kind involving an officer, employee, or agent of the Service Provider arising out of or in connection with this Agreement. In no event shall Service Provider, including but not limited to Service Provider's principals, employees, agents, or contractors, be liable to Customer, or any third party, for any loss of profits, loss of business, or indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to this Agreement.
Survival.
Customer's obligations under this paragraph shall survive the termination of this
Agreement.
Releases of Liability
The Customer agrees to hold the Service Provider, its officers, employees, or agents, harmless from any loss, claim, damage, or liability of any kind involving an officer, employee, or agent of the Service Provider arising out of or in connection with this Agreement or the services provided by the Service Provider. In no event shall Service Provider, including but not limited to Service Provider's principals, employees, agents, or contractors, be liable to Customer, or any third party, for any loss of profits, loss of business, or indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to this Agreement, including but not limited to financial decisions made by the Customer.
No Warranties
The Service Provider makes no warranties, express or implied, as to any matter whatsoever, including, without limiting the generality of the foregoing, the condition or quality of the services described herein;, the prospect of success, financial or otherwise, flowing from the services provided or information received; whether tangible or intangible, or developed under this Agreement; or the marketability, or fitness for a particular purpose of the services. The Service Provider shall not be liable for any direct, indirect, consequential, special, or other damages suffered by any person resulting from this Agreement or the Customer's use of the Service Provider's services or information. Customer acknowledges that factors outside Service Provider’s control including market, societal or economic will largely determine the outcome of Customer’s success. Customer understands that they are advised by Service Provider to seek the services of legal and accounting professionals to advise them with respect to any investment or economic decision, as well as any information obtained from the Service Provider that they intend to rely on for the purposes of investments or economic decisions.
Relationship of the Parties
This Agreement does not create, nor shall be represented by either party hereto to create, a partnership, joint venture, employer-employee, master-servant, principal-agent, or other relationship whatsoever between the Parties hereto.
Governing Law and Venue
This Agreement, the rights of the Parties hereunder, and any disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the Laws of the Province of Ontario.
Dispute Resolution
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between the Customer and an authorized executive from the Service Provider to settle such dispute.
Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within ten (10) business days after the delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall each include, with reasonable particularity, a statement of the party's position(s) and a summary of arguments supporting that position(s). Within thirty (30) days after delivery of the notice, the Parties shall meet at a mutually acceptable time and place, which can include via telephone or video conference in attempt to resolve the matter. The result of any such conversation, discussion or negotiation shall remain strictly confidential and privileged as between the parties or their legal
representative(s) on a without prejudice basis.
Unless otherwise agreed in writing by the negotiating Parties, the above- described negotiation shall end at the close of the first meeting described above ("First Meeting"). Such closure shall not preclude continuing or further negotiations, if desired by either Party.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by agreement between the Parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this section.
All applicable statutes of limitation and defences based upon the passage of time shall be tolled while the procedures specified in the aforementioned paragraphs of this section are pending and for 15 calendar days thereafter. The Parties will take such action, if any, required to effectuate such tolling.
Agreement to Arbitrate
If any dispute, claim, or controversy is not resolved between the Parties through the aforementioned negotiation process, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this shall be determined by arbitration between the Parties in Ontario using a neutral and independent third-party arbitrator. The Parties shall maintain the confidential nature of the arbitration proceeding, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall not award costs or attorneys' fees. For any dispute arising out of or relating to this Agreement, each party is to bear their own costs and attorneys' fees. Judgement upon any award rendered by the arbitrator may be entered in any court having jurisdiction.
Advice of Counsel
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. Each of the Parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement, and the rights and obligations associated therewith.
Independent Review
Each party hereto declares and represents that in entering this Agreement he/she/it has relied and is relying solely upon his/her/its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
Severability
In the event that any provision of this Agreement or any word, phrase, clause, sentence or other provision thereof, should be held to be unenforceable or invalid for any reason by a court of competent jurisdiction, such provision or portion thereof shall be modified or deleted in such a manner so as to make the Agreement as modified legal and enforceable to the fullest extent permitted under applicable laws.
Testimonial Release
You hereby irrevocably and perpetually grant to Company:
• The right to photograph, videotape and record your name, voice, appearance, likeness, and/or written testimony along with any material furnished by you, in whole or in part, in any of Company's marketing materials and programs.
• The right to use your written, oral and video submissions in any fashion, in Company's discretion.
• The right to publish, exhibit and distribute the use of your name, voice, appearance, testimonial and/or likeness along with any material furnished by you, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional materials, events and/or marketing plans.
• You will be provided the right to inspect any such altered materials prior to release, use or publication for edits and approval if not in their original format or submission.
Integration
This Agreement contains the entire agreement and understanding by and between the Parties and any representations, promises, agreements, or understandings, written or oral, not contained in this Agreement are rendered invalid and shall have no force or effect.