By purchasing Programs, Courses and Services from Jan Marie Dore (the “Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and you acknowledge reading them.
ACCESS TO PROGRAM
The Program includes, but is not limited, to course content, written content, recorded video and/or audio content, live and/or pre-recorded calls, and/or discussions in Program related forums (collectively, “Materials”).
The Program and Materials may only be accessed by you – the individual who is the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to access the Program, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any such information you provide will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.
PAYMENT FOR COURSES AND PROGRAMS
All goods and services sold by us are charged in USA dollars. If you are located in Canada, Canadian Goods and Services Tax (GST) or Harmonized Sales Tax (HST) is included in the purchase price.
You agree to make timely and full payments to the Company for the Course or Program, regardless of whether you selected to pay for the Course or Program in full or with a payment plan. The due date for each installment of a payment plan is 30 days after purchase and payment of the first installment, and 30 days after each previous installment.
You authorize Company to automatically charge the credit card on file for any and all Program or Course balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program or Course.
Within fourteen (14) calendar days of the Program or Course Start Date, you may request a refund of the amount you paid for the Program or Course by contacting us with the following materials. The Start Date is defined as the first day the Company provided you access to the Program or Course. To be eligible for a refund, you must submit materials demonstrating the following to the Company’s satisfaction:
You agree to accept the Company’s decision regarding your eligibility for a refund as final. If your request for a refund is declined, you agree not to dispute this decision and you agree to make timely and full payments to the Company for any remaining balances owed for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan).
Requests for refunds will not be honored fifteen (15) calendar days or more after the Program or Course Start Date and any outstanding balance owed to the Company for the Program or Course must be paid in full.
Email support for the Program or Course will be available here at our contact page.
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.
To access or use the Program or Course, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Program or Course to any person or entity, without the obligation to assign reason for doing so.
We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMMISIONS
Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results.
THIRD PARTY RESOURCES
The Program or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
The Terms of Service shall be governed by the laws of the Province of Ontario and any disputes arising from it must be handled exclusively in the federal and provincial courts located in Ontario, Canada. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service here on this Program website. Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
The Company welcomes your questions or comments regarding our Terms and Conditions at our Contact Page.
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