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Terms and Conditions

Last Updated: December 13, 2022

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the website: www.emmagivens.com (“Website” or “Service”) and any of its related products and services (collectively, “Services”) owned by 2838450 Ontario Inc., a Company in the Province of Ontario (hereinafter: the “Company” or “We”). By accessing or using our Website, you hereby agreed to be bound by the terms and conditions incorporated herein and to our Privacy Policy. If you do ot expressly agree to all of the terms and conditions outlined herein, then please do not access or use or Website. This Agreement is legally binding between you (the “User”), and the Company. By accessing and using the Website and our Services, the User acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement. The User acknowledges that this Agreement is a contract between the User and the Company, even though it is electronic and is not physically signed by the User, and it governs the User’s use of the Website and our Services. 

The material appearing on this Website is provided as either information about the Company’s self-promotion, blog, and/or services. The owner of this Website, and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction the User takes based on the information found on, or material linked to, on this Website.  

To access or use our Website, the User must be 18 years of age or older and have the requisite mental capacity to enter into this Agreement. By using this Website, the User represents that they are at least 18 years old and agree to be bound by the terms and conditions under this Agreement.  

 

  1. LINKS TO OTHER RESOURCES

     

    Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. We encourage the User to carefully review the legal statements and other conditions of use of any resource which they access through a link on the Website. The User linking to any other off-site resources is at their own risk.

     

  2. FOR INFORMATION PURPOSES ONLY

    Any and all information by or on this Website is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. This includes all digital content, including but not exhaustive of, email, blog, podcasts, events, any and all social media, including, but not limited to: Instagram, Facebook, Twitter, TikTok, LinkedIn, webinars and other content, whether or not they are available for purchase, as resources or education and/or informational use only.  All aforementioned content does not constitute professional advice and is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Website, the User accepts and agrees that following any information or recommendations provided therein and all channels of digital content is at their own risk. 

     

  3. PROHIBITED USES


    In addition to other terms as set forth in the Agreement, the User is prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate use of the Website and Services for violating any of the prohibited uses.

     

  4. INTELLECTUAL PROPERTY RIGHTS

     

    Intellectual Property Rights refers to all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer any intellectual property owned by the Company or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Company. All trademarks, service marks, graphics and logos used in connection with the Website and our Services, may be trademarks or registered trademarks of the Company or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and our Services may be the trademarks of other third parties. All materials created by the Company on the Website are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company. The User’s use of the Website and our Services grants no right or license to reproduce or otherwise use any of the Company or third party trademarks. 

    This is the grant of a license, not a transfer of title. Under this License the User may access the Website for personal use, but the User may not: 

     

    (i) Modify, copy, republish, reproduce, or redistribute the Website materials;  

    (ii) Use the Website materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial);  

    (iii) Transfer the Website materials to another person or ‘mirror’ the materials on any other server.  

     

    If such behaviour, as outlined above, is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke the User’s access to the Website, as well as any programs or materials the User may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating the User’s viewing of these materials or upon termination of this license, the User must destroy any downloaded materials in their possession whether in electronic or printed format.  

    The Company further reserves the right to request that the User remove all links or any particular link thereof, linking to our Website. The User accepts to immediately remove any and all links upon request.  

    Any requests for written permission to use any content posted on this Website must be expressly made before the User uses any such content, and may be made by sending an email with the User’s written request to: emma@emmagivens.com. 

     

  5. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED

    The User understands that any information they provide or share with us directly or indirectly, by use of this Website will not be treated as confidential or privileged. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company. 

     

  6. PURCHASE POLICY


    If the User purchases a program, product or service from us, the User may also enter one or more separate Agreement(s) with the Company and will be subject to the terms outlined in the Agreement and any accompanying agreements (that may include a Terms of Purchase or Private Client Agreement). The User agrees to be bound by all agreements and abide by the contents therein. All digital products or products/services sold on or through this Website will be subject to the terms and conditions of this Agreement and any other accompanying agreements. 

     

  7. REFUNDS


    There will be no refunds of any kind for any and all digital products or products/services offered by the Company, sold on or through the Website. All sales of this type are complete and final. By purchasing any and all digital products or products/services on this Website, the purchaser accepts without dispute the terms herein and waives any and all claims in connection with the refund policies herein. 

     

  8. RESULTS NOT GUARANTEED


    The Company may share the successful results arising from use of the Website and or its products/services offered to, its users, or customers. These examples are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Website, and/or use of the services and products offered herein, the User accepts, agrees and understands that they are fully responsible for their progress and results from their participation. We do not guarantee that the User will get any results using any of our ideas, tools, strategies or recommendations, and nothing on the Website, or in the use of the services and products offered herein, are a promise, warranty or guarantee to the User of gaining such results. 

     

  9. TESTIMONIALS


    The Website and extended social media platforms may feature the testimonials from previous clients and/or customers of our products, packages and services.  These are intended to provide readers with comments, feedback, and information from other’s experiences with our products, packages and services. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Website, products, and services. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results. Nor do these testimonials guarantee any level of results. The User accepts that by viewing the selected testimonials that the User does not expect the same results, and accepts that results will vary on a case by case basis. 

     

  10. DISCLAIMER

     

    To the fullest extent permitted by applicable law, all information, products, packages or services provided through this Website are provided “as is” and “as available”, without warranty or conditions of any kind. We cannot guarantee and do not promise any specific results from use of the Website and any products or services promoted and sold therein. No advice or information, whether oral or written, obtained by the User from us shall create any warranty not expressly stated in this Agreement. 

    The User accepts that use of this Website will be at their sole risk. To the fullest extent permitted by law, the Company, and its advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and contractors disclaim all warranties, expressed or implied, in connection with the User’s use of the Website, programs, packages or services.  

    Further, to the fullest extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Website’s content, the content on any Website linked, or information or any other items or materials on the Website or linked to by the Website.  

    Further, the User understands and acknowledges that the Company is not an investment advisor, financial advisor, accountant, or counsellor. Nothing on this Website, or in its programs, packages or services, is intended to take the place of a consultation with any professional or as professional advice. 

     

  11. LIMITATION OF LIABILITY

     

    To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the total liability of the Company and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be expressly limited to an amount no greater than the amount paid by the User to the Company for the singular purchase made by the User in which the claim is attributed to.  

    The Company shall not be held responsible for any content that appears on the Website. The User agrees to protect and defend the Company against all claims that may be interpreted as: libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.  

    The User’s decision to visit our Website, use the information contained therein, and purchase products we offer is purely voluntary, and the User understand we are not responsible or liable for any harm or damage to the User or their business resulting from direct or indirect use of materials or content contained on our Website. The User agrees to hold the Company harmless from any damages directly or indirectly resulting from the User’s use of the Website and/or use of the services and products offered herein, or distributed through email, and agree the User will not make any claims against us the Company herein.  

     

  12. INDEMNIFICATION


    As a condition of the User’s use of the Website, the User agrees to indemnify and hold the Company and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the User’s Content, use of the Website and/or use of the services and products offered herein, or any willful misconduct on the part of the User.

     

  13. RELEASE OF CLAIMS


    The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our digital products or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future.  

  14. SEVERABILITY


    All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. 

     

  15. GOVERNING LAW


    The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Province of Ontario without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the Province of Ontario and the User hereby submits to the personal jurisdiction of such courts.  

     

  16. CHANGES AND AMENDMENTS

     

    We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to the User in other ways at our discretion, such as through the contact information provided by the User. 

    An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. The User’s continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute consent to those changes.


  17. ACCEPTANCE OF THESE TERMS


    The User acknowledges that they have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services the User agrees to be bound by this Agreement that governs the relationship with the Company’s users and others which may interact or interface with the Company, the Website, and the Company’s subsidiaries and affiliates. If the User does not agree to abide by the terms of this Agreement, they are not authorized to access or use the Website and Services. 

     

  18. CONTACTING US

    If the User has any questions regarding this Agreement, we encourage the User to contact us at emma@emmagivens.com.