By clicking where indicated in the shopping cart, and submitting your order, you irrevocably agree with Jan Marie Dore and JanMarieDore.com® (collectively the "Company" or "we/us") that by clicking "submit order" you are signing this Agreement for the Program you are purchasing, that this Participant Agreement (the "Agreement") automatically becoming a binding contract between you and the Company, and applies to your participation in the Program. By clicking above, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by sending you a revised version at the address you provided.
By clicking above, you authorize the Company to charge your credit or debit card, or cash your check, as indicated above, as payment for your membership in the Program. Furthermore, you agree that you are responsible for full payment of fees for the Program, regardless of whether you actually attend or complete the Program. To further clarify, all sales are final and no refunds will be issued and all amounts must be paid in full to enable you to attend the event. If you pay by check, that means your check must clear our account.
TERMINATION: We are committed to providing all Program participants with a positive Program experience. By clicking above, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness if you become disruptive or difficult to work with before or during the event, if you fail to follow the Program guidelines, or if you impair the participation of Program leaders or other participants in the Program.
PRIVACY, INTELLECTUAL PROPERTY AND CONFIDENTIALITY: We respect your privacy and must insist that you respect the privacy of fellow Program participants. By clicking the indicated section in the shopping cart, you agree not to violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company. By clicking above, you agree (1) not to infringe any Program participant's or the Company's copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By clicking above, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. What is said by participants or leaders of the Program at the event or during any subsequent follow up calls is strictly confidential and disclosure of any confidential information is a breach of this Agreement.
RIGHT TO INJUNCTIVE RELIEF: Further, by clicking above, you agree that, if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company and/or the other Program participant(s) (as intended third-party beneficiaries) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. If that happens, you agree to pay all attorneys' fees and costs incurred by that party in seeking that injunction or other legal or equitable relief.
MEDIA AND LIABILITY RELEASE: In consideration for receiving permission to participate in the Event, you hereby release, waive, discharge and covenant not to sue the Company, its successors, its contractors, agents, representatives and/or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to my property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of the Company or its representatives or not while attending the Event in person, regardless of location. You also hereby authorize the Company and its successors and their representatives and agents, to photograph you, take motion pictures of you, take video footage of you, and/or make electronic sound recordings of you (herein referred to as photographic, digital or electronic reproductions. You also authorize the use of any such photographic or electronic reproductions of you in order to advertise, promote, announce or otherwise distribute information about the Event or Company, including, but not limited to websites, landing pages, Facebook, Twitter, LinkedIn, You Tube, radio, television, print and other public media as may be deemed appropriate by representatives of the Company. You understand and acknowledge that you may be identifiable from such photographic, digital or electronic reproductions and that you am not entitled to attribution or compensation in any form, and that the Company owns the intellectual property in any photographic, digital and/ or electronic reproductions).
NO GUARANTEES, WARRANTIES OR PROMISES OF RESULTS: We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on many factors, including his or her background, dedication, desire, and motivation. By clicking above, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By clicking above, you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on you or your family.
NO ATTORNEY CLIENT RELATIONSHIP: By submitting your order and clicking above, you acknowledge that Jan Marie Dore is not your lawyer and will not be providing you with legal advice or legal services. Moreover, Jan Marie Dore is not qualified to provide tax, accounting or financial advice, and the information provided to you by Jan Marie Dore or her staff is not intended as such. You should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals in your state or province.
NO RULE OF STRICT CONSTRUCTION: Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. This Agreement shall be construed as if the parties drafted the Agreement together.
FORCE MAJEURE AND LIABILITY: The Company is not responsible to You for any loss, damages, costs, claims or expenses which may be incurred as a result of its delay in or failure to perform its obligations where such delay or failure is due to causes beyond its control. Causes beyond its control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet or electricity outages, acts of God and acts of Government.
LIMITS ON DAMAGES: Except for damages arising out of the gross negligence of willful misconduct of either party hereto, the Company shall not be liable to You or Your affiliates, officers, directors, successors or assigns for any incidental, consequential, special or punitive damages or lost profits arising out of this Agreement or the Program, whether liability is asserted in contract or tort and irrespective of whether You have advised or been advised of the possibility of any such loss or damage.
NOTICES: All notices required or permitted under the Agreement shall be in writing and shall be deemed delivered when done so by facsimile, email, in person, or deposited in the United States mail - postage prepaid - to the intended party's current mailing address, as indicated in the order you placed online. Notices to the Company will be directed to Jan Marie Dore, JanMarieDore.com® at the address indicated at our contact page.
ASSIGNMENT: Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.
AMENDMENTS: This Agreement may only be amended or modified by prior written agreement of both the Parties.
DISPUTE RESOLUTION: Except where the Company has a right to seek an Injunction or Collection of payments due, the Parties agree to use non-binding mediation first to attempt to resolve any dispute arising between the parties under this Agreement. For any Injunction or Collection matters, the Company may seek immediate relief from the appropriate court of law.
INDEMNIFICATION: Both parties agree to indemnify, defend and hold the other, and their representatives, agents, employees, successors and assigns, harmless for any and all liabilities, damages, claims, suits, judgments, taxes, duties, costs, fees and expenses, including reasonable attorneys' fees and costs, that arise as a result of or in connection with either parties' breach of any term or provision of this Agreement, any negligent act or omission or willful misconduct of one of the parties, its agents, employees or subcontractors, or a claim of lien or encumbrance made by third parties relating to work covered under this Agreement.
GOVERNING LAW: The parties agree that this Agreement was formed in the Province of Ontario and will be construed in accordance with and governed by the laws of the Province of Ontario, without regard to applicable conflicts law. The parties hereto irrevocably consent to and submit to the exclusive jurisdiction of the courts of the Province of Ontario.
CUMULATIVE REMEDIES: Any specific rights or remedies provided under this Agreement are not exclusive and are meant to be cumulative of all other rights and remedies available to the parties under governing law.
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- Time is of the essence in this Agreement.
- This Agreement may be executed in counterparts.
- Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation or validity of any other part of this Agreement.
- You are liable for all attorneys' fees, costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Company in enforcing this Agreement as a result of any default of this Agreement by You.
- You acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the parties that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the parties to give each the broadest possible protection against disclosure of the Confidential Information.
- No failure or delay by the parties in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
- This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the parties.
- This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise.