Terms and Disclaimer
Unlock Your Peak Potential (“UYPP”) Website Terms & Conditions
Last Updated: January 31, 2020
Table of Contents
3. Therapeutic & Medical Disclaimer
5. Copyright and Intellectual Property Rights
6. Disclaimers of Warranties, Information & Advice and Limitations of Liability
7. Additional Terms of Sale and Sales Disclaimer
8. Third Parties and Links to Other Websites and Services
9. UYPP.com Site
13. Governing Law and Forum
14. Contact Us
BEFORE USING THE UNLOCKYOURPEAKPOTENTIAL.COM SITE (“Site” or “UYPP.com”) PLEASE READ THESE TERMS BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
THESE TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE SITE APPLY TO YOU.
WHEN USING THE SITE (INCLUDING BUT NOT LIMITED TO A) ACCESSING, DOWNLOADING, OR MAKING A PURCHASE OF ANY MATERIALS OR PRODUCTS FROM THIS SITE, OR B) ORDERING ANY SERVICES MADE AVAILABLE VIA THIS SITE), YOU AGREE TO AND ARE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS SET OUT IN THESE DOCUMENTS, YOU SHOULD NOT USE THE WEBSITE, OR ANY OF THE ASSOCIATED SERVICES AND PRODUCTS.
Unlock Your Peak Potential Inc. (“UYPP”) reserves the right to make changes to the Site, posted policies and these Terms and Conditions at any time without notice. Any updates to the Terms will apply to you prospectively, so you should check back each time you return to the Site for any updates. The date these Terms and Conditions of Use were last updated is stated below the title of this document.
3. Therapeutic & Medical Disclaimer
The materials and information provided on and through UYPP.com are for general informational purposes only. They are not intended or implied to serve as therapeutic or medical diagnosis, advice or treatment.
You should not use this information to diagnose or treat any health issues, illnesses or diseases. It should not replace any existing therapeutic or medical treatment without the direction of your therapist or doctor. The Site is not providing any therapeutic or medical advice. If you have or suspect you have a health or medical problem, you should consult with your therapist or doctor.
- Prescribed Medication: You should not stop taking prescribed medication or adjust your treatment protocol without first consulting with your therapist or doctor.
- Commencing Meditation: If you are under the care of a therapist, you should consult with them before starting a new meditation practice to ensure you obtain their agreement to its applicability to your circumstances and once agreed, then confirm their support in the case that anything surfaces that is beyond your coping ability.
5. Copyright and Intellectual Property Rights
You agree that the Site’s content, including but not limited to UYPP’s Products (such as digital products [such as audio recordings, video recordings, eBooks, etc.], courses [online and in-person; plus their associated materials], events [online and in-person, plus their associated materials], etc.) and Services (such as 1on1 sessions, etc.) and their associated content and materials (including but not limited to graphics, templates, tip sheets, audio clips, video clips, training materials, facilitator scripts, presentation materials, visual aids, consultation session materials, aids and facilitator audio delivered pre/during/post one-on-one or group sessions, etc.), contains proprietary information and material that is owned by UYPP and/or the product creator and/or the facilitator, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
You agree that you will not use such proprietary information or materials in any way whatsoever except for personal, non-commercial use in compliance with this Agreement.
YOU AGREE NOT TO SELL, MODIFY, SHARE, RENT, LEASE, LOAN, DUPLICATE, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED ON UYPP.COM’S PRODUCTS AND SERVICES, IN ANY MANNER.
All Content and Materials available on UYPP.com are the exclusive property of UYPP or used with the express permission of the copyright and/or trademark owner. They are protected by Canadian and International copyright laws. All Rights are Reserved.
i) Non-Commercial Use of Site Content & Materials
ANY COPYING, TRANSMITTING, DISTRIBUTING, LINKING, DEEP LINKING, SCREEN OR OTHER PERSON-TO-PERSON SHARING, POSTING, REPRINTING OR ELECTRONIC REPRODUCING OF ANY DOCUMENT, GRAPHIC, RECORDING OR OTHER UYPP CONTENT OR MATERIAL, IN WHOLE OR IN PART, FOR ANY PURPOSE OTHER THAN YOUR PERSONAL USE IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF UYPP INC.
For example, regardless if you plan to do so for free or for a charge, the above would prohibit you from A) taking the UYPP materials and content you obtained through UYPP.com or a UYPP product or UYPP service bought through a third party sales site and after storing it on your device, then sharing it with other people through screen or desk sharing applications or software. Another example, it would also prohibit you from B) uploading any of our Content or Materials, in any format (including but not limited to: MP3, MP4, text files, links, snippet, etc.), to social media sites, other social networking sites, text platforms, audio or video file sharing platforms, etc. (like Instagram, Twitter, Facebook, YouTube, scribd, Vimeo, etc.).
Another example would be regarding our Online Courses. By signing up to an UYPP online course you accept all of UYPP’s rights relating to all course materials shared with you, including a) presenter materials (including presentation decks, recordings, graphics, etc.), and b) participant materials (including prework, workbooks, toolkits, graphics, follow-up materials, etc.). You agree not to record, transmit, reproduce, copy or share the materials in any format, in part or in whole, with another party in any way that is prohibited by these terms or Canadian copyright law.
THE CONTENT AND MATERIALS ON UYPP.COM ARE PROTECTED FROM UNAUTHORIZED USE, COPYING AND DISSEMINATION BY CANADIAN AND INTERNATIONAL INTELLECTUAL PROPERTY LAWS. UYPP INC. OWNS AND CONTROLS THIS CONTENT AND MATERIALS. UNLESS WE HAVE PROVIDED YOU WITH EXPLICIT PRIOR WRITTEN PERMISSION ANY COMMERCIAL OR PROMOTIONAL DISTRIBUTION, PUBLISHING OR EXPLOITATION OF UYPP.COM, INCLUDING BUT NOT LIMITED TO ITS CONTENT AND MATERIALS, CODE AND DATA, IS STRICTLY PROHIBITED.
You may not use our logo or any of our trademarks in any way without our express written permission.
6. Disclaimer of Warranties, Information & Advice and Limitations of Liability
WE PROVIDE UYPP.COM ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO DIGITAL PRODUCTS [SUCH AS AUDIO RECORDINGS, VIDEO RECORDINGS, EBOOKS, ETC.], COURSES [ONLINE AND IN-PERSON, INLCUDING ASSOCIATED MATERIALS], EVENTS [ONLINE AND IN-PERSON, INCLUDING ASSOCIATED MATERIALS], ETC.) AND SERVICES (INCLUDING BUT NOT LIMITED TO 1ON1 SESSIONS, ETC.) INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH UYPP.COM OR THROUGH ONE OF ITS THIRD PARTY SUPPLIERS (INCLUDING BUT NOT LIMITED TO SALES SITES) ARE THEREFORE PROVIDED BY UYPP AND ITS THIRD PARTY SUPPLIERS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. UYPP DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY.
THE GOAL OF THIS SITE, ITS CONTENT, ITS CONTRIBUTORS, AND ITS PRODUCTS & SERVICES (“THE SITE ET AL”) IS TO PROVIDE INFORMATION TO ANYONE INTERESTED IN PERSONAL AND/OR PROFESSIONAL DEVELOPMENT AND WHO IS SEEKING TO BECOME A MORE EMPOWERED HAPPY PERSON OR TO PEOPLE WHO WANT TO HELP OTHERS BECOME MORE EMPOWERED. IT IS NOT INTENDED NOR SHOULD IT BE CONSTRUED AS PROVIDING PROFESSIONAL ADVICE OF ANY SORT (E.G. PROFESSIONAL MEDICAL, THERAPEUTIC, FINANCIAL, BUSINESS OR OTHER ADVICE). THE “SITE ET AL” ARE NOT A REPLACEMENT FOR OBTAINING PROFESSIONAL ADVICE. FOR EXAMPLE, YOU SHOULD CONSULT A TRAINED MEDICAL PROFESSIONAL (DOCTOR OR THERAPIST) FOR CONSULTATION, DIAGNOSIS AND TREATMENT OF ANY PHYSICAL, MENTAL OR EMOTIONAL HEALTH RELATED TOPIC COVERED BY THE ”SITE ET AL” AND YOU SHOULD CONSULT A TRAINED FINANCIAL OR BUSINESS PROFESSIONAL FOR ANY FINANCIALLY RELATED OR BUSINESS RELATED TOPIC COVERED BY “THE SITE ET AL”, ETC.
YOU EXPRESSLY AGREE THAT YOUR USE OF UYPP.COM AND THE INFORMATION, CONTENT, PRODUCTS (INCLUDING BUT NOT LIMITED TO DIGITAL PRODUCTS [SUCH AS AUDIO RECORDINGS, VIDEO RECORDINGS, EBOOKS, ETC.], COURSES [ONLINE AND IN-PERSON, INLCUDING ASSOCIATED MATERIALS], EVENTS [ONLINE AND IN-PERSON, INCLUDING ASSOCIATED MATERIALS], ETC.) AND SERVICES (INCLUDING BUT NOT LIMITED TO 1ON1 SESSIONS, ETC.) AND YOUR PARTICIPATION IN SERVICES CONTAINED, PURCHASED OR PROMOTED THEREON IS AT YOUR SOLE RISK.
YOU EXPRESSLY AGREE THAT YOU UNDERSTAND THAT EACH INDIVIDUAL IS UNIQUE, THAT RESULTS WILL VARY AND THAT THERE ARE NO GUARANTEED RESULTS WHEN APPLYING THE CONCEPTS, CONTENT, AND TOOLS SHARED VIA “THE SITE ET AL” AND/OR THROUGH ITS PRODUCTS AND SERVICES.
UYPP AND OUR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, REPRESENTATIVES, ATTORNEYS, VENDORS, AND THIRD PARTY SUPPLIER SALES SITE PROVIDERS (COLLECTIVELY, THE “UYPP PARTIES”) DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLICITLY, THAT UYPP.COM OR ITS THIRD PARTY SUPPLIER SALES SITES OR THEIR USE: A) WILL BE UNINTERRUPTED, B) WILL BE TIMELY, C) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, D) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, E) THAT DEFECTS WILL BE CORRECTED, F) THAT THE SITE OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE FREE FROM ANY HARMFUL COMPONENTS, SUCH AS MALWARE OR VIRUSES, OR G) THAT THE CONTENT AND INFORMATION ON THE SITES IS ACCURATE, COMPLETE, CORRECT, LEGAL, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. UYPP PARTIES ALSO DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLICITLY, THAT RESULTS OR INFORMATION OBTAINED FROM USE OF UYPP.COM CONTENT OR UYPP PRODUCTS OR SERVICES WILL BE A) ACCURATE, B) RELIABLE, OR C) APPLICABLE TO YOUR UNIQUE CIRCUMSTANCES.
THE UYPP PARTIES MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL THE UYPP PARTIES BE LIABLE UNDER THIS AGREEMENT TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO UYPP.COM, ITS PERFORMANCE, THE INFORMATION AND CONTENT FOUND THEREON; ANY PRODUCTS OR SERVICES SOLD OR PROMOTED ON UYPP.COM; ANY ERRORS OR OMISSIONS ON UYPP.COM; ANY DAMAGE TO A USER’S HARDWARE (INCLUDING LATOPS OR OTHER DEVICES); TECHNOLOGY; OR SOFTWARE; ETC.
THIS LIMITATION OF LIABILITY WILL EXIST EVEN IF IT WAS FORESEEBALE OR THE UYPP PARTIES HAD BEEN PREVIOUSLY ADVISED OR SHOULD HAVE KNOWN OF THE RISK OF SUCH POSSIBLE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY.
UNDER NO CIRCUMSTANCE WILL UYPP PARTIES BE HELD LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGE, INJURY OR LOSS.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the UYPP Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed ten Canadian dollars.
7.Additional Terms of Sale & Sales Disclaimers
i) Sales Disclaimers:
a) Additional Medical and Therapeutic Disclaimer
Karen Denega is not a licensed medical practitioner, doctor or therapist. She does not provide medical or therapeutic advice.
All content provided by Karen, whether through the Site, her Products (including but not limited to digital products [such as audio recordings, video recordings, eBooks, etc.], courses [online and in-person, including associated materials], events [online and in-person, including associated materials], etc.) and Services (including but not limited to 1on1 sessions, etc.), or elsewhere is for informational purposes only. It is not intended as medical or therapeutic advice, or as a substitute for the medical or therapeutic advice of, or treatment by, a qualified licensed doctor or therapist.
Individuals should always consult with a qualified licensed doctor or therapist for medical or mental health advice or information about diagnosis and treatment. It is important to i) never ignore professional advice relating to any mental or physical health issue and ii) never delay seeking support/treatment because of information shared on this Site or provided by Karen.
Individuals seeking to leverage the tools, information, or support provided by Karen should do so only after having carefully and completely reviewed these with their qualified licensed doctor or therapist and ensuring their health care professionals’ agreement to their use.
By providing information on this Site or via her Products or Services, Karen is not diagnosing, treating, curing, mitigating or preventing any type of medical or therapeutic condition.
No individual, including participants in one-on-one or group sessions with Karen, should use the content shared via this Site, Karen’s Products or Services for self-diagnosis or self-treatment of any physical or mental-health condition.
Each individual is unique. Results will vary. What will work for one individual may not work for another. There is no guaranteed outcome. UYPP Parties and Karen Denega give no assurance or warranty regarding the accuracy, timeliness or applicability of the content.
By using any or all of this information the individual does so at his or her own risk. No warranties are expressed or implied. Any application of the content Karen provides, whether provided on the Site or via one of her Products or Services, is at the individual’s discretion and is his or her sole responsibility. Reliance on any information provided by Karen or the Site is solely at his or her own risk.
If you have any concerns or questions, contact your doctor or therapist and have an open and honest discussion about your unique circumstances and whether UYPP.com’s content and Karen’s products and services might be appropriate for your situation.
b) Physical Body Movement and Exercise Disclaimer:
Karen’s products and services sometimes provide information on how to use gentle stretching or body work to relax and release chronic holding patterns in your body. You should not start doing these until after you’ve discussed your situation with your doctor to assess if these approaches are right for your unique circumstances.
- Always consult a doctor before starting a new physical exercise program or undertaking any activity, including stretching, that is not typical of your normal physical activity. This includes exercises included in any content shared on this Site or any information provided through Karen’s Products, Services or elsewhere.
- When undertaking any physical movement or stretch do so slowly, gently and consciously. Be mindful and aware of any injuries you already have before you commence so you can adapt any instructions for your unique circumstances. As you move through the entire exercise, stay alert for any sensation that could be a precursor to pain. As soon as you notice the sensation, pause, and then ease out of the move and re-engage into it ONLY if you won’t injure yourself. By going slowly and gently into each stretch or movement, and never pushing your body beyond its comfortable motion range you can avoid injuring yourself while still getting benefits.
- Key tip: At the first instance of any pain, immediately ease out of the position, disengaging from the movement.
- Consult a doctor if you think you may have injured yourself.
It is your responsibility to assess your own medical and physical condition and to determine whether to perform, use or adapt any of the information, exercises or content Karen provides. Your assessment should be based on your unique circumstances and included consultation with your doctor and therapist so you ensure you will not do any harm to yourself. Any exercise program may result in injury. By voluntarily undertaking any exercise, body work or movements from the Site, its content or Karen’s events, you assume the risk of any resulting injury.
c) Additional Business and Financial Disclaimer:
Karen Denega is not a licensed financial or business professional. She does not provide financial or business advice.
All content provided by Karen, whether through the Site, her Products (including but not limited to digital products [such as audio recordings, video recordings, eBooks, etc.], courses [online and in-person, including associated materials], events [online and in-person, including associated materials], etc.) and Services (including but not limited to 1on1 sessions, etc.) or elsewhere is for informational purposes only. It is not intended as business or financial advice, or as a substitute for the business or financial advice of a qualified licensed business or financial expert.
Individuals should always consult with a qualified licensed professional for financial or business advice. It is important to i) never ignore professional advice relating to any business or financial issue and ii) never delay seeking the support or advice of a licensed financial or business expert due to information shared via this Site, its content, its product, or services, or as provided by Karen otherwise.
ii) Sales Returns, Refunds and Additional Terms of Sale
All sales of UYPP.com Digital Products (such as but not limited to audio recordings, video recordings, eBooks, pdfs, etc.) and Services such as 1on1 Sessions are final and non-refundable. Other refund policies are outlined below in this section.
If there is an unreasonable delay delivering your Digital Product due to technical issues, you can contact UYPP.com for a replacement via the UYPP.com ‘Contact’ page.
Prices for UYPP Products & Services published on UYPP.com and its associated third party sales sites (e.g. Gumroad, etc.) may change at any time. Prices for courses offered on UYPP.com but sold through Affiliates or other sales sources may be different than prices listed on UYPP.com.
UYPP.com does not provide any price protection or refunds in the event of a promotion, sales event, price difference between sales providers or price reduction regardless of whether the price difference is due to UYPP.com, its Online Course platform, or its Affiliates changing their prices.
For further information on our terms and conditions, disclaimer of warranties and limitations of liability, be sure to read this entire Terms & Conditions document.
Additional Sales Terms:
a) Audio & Video Recording Products (ENGLISH language only)
1. All Audio & Video Recording products are streamed digitally via Gumroad.com. There is no delivery of DVDs or CDs. Audio and Video files are ‘streamable only’ and require access to the internet. They are not downloadable. Access to listen to them is for a limited time as a ‘rental’. Details of rental length are outlined on each product’s sales-page.
2. All recommendations are made without guarantee on the part of the recording creator or UYPP.com. The recording creator and UYPP.com disclaim any liability in connection with the use of information provided in the recording.
3. Returns/Refunds: No refunds or returns on any recordings.
b) Online Courses (ENGLISH language webinars only)
1. Online courses are delivered through WebEx.
2. Registration is completed either A) directly through UYPP’s WebEx Site (https://unlockyourpeakpotential.webex.com) or B) through one of UYPP’s active Affiliate partners (e.g. Professional Associations such as CPA Alberta, etc.).
3. All recommendations are made without guarantee on the part of the course creator, facilitator or UYPP.com. The course creator, facilitator and UYPP.com disclaim any liability in connection with the use of information provided as part of the course.
4. Refund policies for courses vary depending on how you register:
a. Register Direct via WebEx: Participants who register directly through UYPP’s WebEx site are required to give 7-day advance notice of cancellation to be able to get a refund.
b. Register via Professional Body/Association:
- Participants who register through an Affiliate are required to adhere to the Policy of the Professional Association they purchased the course through to be able to get a refund.
- Notification of intent to cancel must be made directly to the Affiliate (who will in turn notify UYPP).
- Note: Affiliate timelines required for them to approve a participant’s ‘request to cancel and get a refund’ vary by Association.
c) 1on1 Sessions
1. Payment & Refund Policy: Payment is made in advance of the session, either through PayPal or Direct Deposit (Bank eTransfers). No refunds are allowed.
a. See “Disclaimer of Warranties, Information & Advice and Limitations of Liability”
b. Plus, Specifically:
i. Individuals signing up for 1on1 session must take full responsibility for ensuring that before having their first session they engage with their doctor and or therapist and agree with them as to the individual’s suitability to participate in such sessions. This discussion should include ascertaining their agreement as to whether the individual is well suited to undertaking meditation as a practice and if so, determining how the doctor/therapist will support the person if any emotional issues surface.
ii. All recommendations arising through these sessions are made without guarantee on the part of the UYPP Parties and Karen Denega who disclaim any liability in connection with the use, accuracy, completeness, and applicability of any recommendations or information provided to your unique circumstances throughout the 1on1 relationship. Furthermore, this disclaimer applies at any time during the relationship and includes all communication content and formats, including but not limited to tools, recommendations, and information shared during your association, how so ever it is communicated to you (including, but not limited to: communications that are conveyed in-person, over the phone, over the internet, verbal or in written form (text, email or other means), etc.)
d) Events and Courses
1. Pricing and Policies for these are subject to change and will be communicated as part of the details of the specific offer at the time they become available for purchase.
8. Third Parties and Links to Other Websites and Services
The Site links to other websites owned by third-parties. Any links from the Site’s pages to these third party sites have been provided as a convenience. We do not represent that these third party sites are free from malicious code, viruses or other destructive properties. If you use these sites, you explicitly take full responsibility for any risks or damage that may arise as a result of so doing.
These third-party sites are outside of our control (direct, indirect) and as such we cannot and will not be held responsible for any damage incurred of whatever nature (direct, indirect, consequential, or other) as a result of these third-party websites.
We do not control or endorse these linked websites, nor review or approve the content that appears on the linked websites. As the content of such third party sites is not within our control, we cannot and will not take responsibility for the content or information thereon.
We do not endorse any other company, site, product or service other than our own, as specifically listed on, or linked from UYPP.com. Links to such third party sites are not to be taken as an endorsement by UYPP.com of the third party site, or of any products or services promoted, offered or sold on the third party site. Nor should such links to third party sites be taken to be free from computer viruses or any other destructive properties.
We cannot and do not take responsibility for their collection or use of personal data from any third party site. In addition, we will not accept responsibility for the accuracy of third party advertisements.
You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites.
9. UnlockYourPeakPotential.com Site (the “Site”)
We cannot and will not guarantee that the UnlockYourPeakPotential.com website is free of computer viruses, malicious code or any other destructive properties.
The Site shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) whether arising in contract, tort or other, which may arise as a result of your use of, or inability to use, the Site, or from your use of (or failure to use) the information on the Site, or that which is contained in any product or service provided or promoted through this site.
You acknowledge and agree that use of any product, site or service, whether obtained via the Site directly or through any other means, is at your own risk.
Unlock Your Peak Potential Inc. does not endorse and cannot be held responsible for the accuracy and reliability of any products, services, opinions, advice, or statements made on UYPP.com.
You as the End User, agree to defend, indemnify, and hold harmless UYPP.com and UYPP Parties from and against all claims and expenses (including attorneys’ fees, arising out of the use of the Site and its Content, Materials, Products and Services) by you, the End User.
No one under the age of 18 should use the Site or any of the products or services promoted or made available through this site without appropriate adult supervision.
Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and duties under these Terms to any party at any time without notice to you. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
13. Governing Law and Forum
These Terms will be governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treat in all respects as an Ontario contract.
You agree that the parties hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom. As such, you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site and or the products and or services associated directly or indirectly therefrom, will be in Ontario, Canada, and you hereby consent and submit to the exclusive personal jurisdiction and venue in Ontario, Canada.
14. Contact Us
Email Address: firstname.lastname@example.org
Subject: Terms and Conditions
Attention: Karen Denega, Principal