The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Dr. Tamara Soles (“Company”, “Provider”, “we”, or “us”).
1.Program – Dr. Tamara Soles (the “Provider”) agrees to provide you with access to No More Power Struggles (the “Program”) as described in the specific Program sales page on the Effective Date upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions. The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
3.Effective Date - This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
4.Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not shared, use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
5.Nature of the Relationship- Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
5.Copyright - The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
6.Course Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
7.Fees – The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
8.Membership Fees and Renewals – In consideration of Your access to the Program, you agree to pay the following fees. You may choose between a single payment of $297 (due immediately) or 2 monthly payments of $167. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following additional payment one month later, for a total payment of $334. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.
10.The Program As part of the Program, the Company shall provide the following to Client. Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have lifetime access to this Program Area. Lifetime access means for the lifetime of the course. In the event that Company intends to close the Program Area, it shall provide clients with Fourteen (14) days’ notice and the ability to download the resources contained in the Program Area. Q&A Calls– As a member of the Program, you will have access to weekly question and answer group online calls. You are guaranteed access to a total of 6 such calls. The Company shall provide you with details about how to participate in these question and answer sessions. Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.
11.Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
12.Credit Card Authorization – By purchasing a Program with a payment plan, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
14.Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors, and participation in any question and answer sessions, social media groups or chats, and shall not be understood or construed as professional advice or therapy. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.
15.Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
16.LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
17.DISCLAIMER OF WARRANTIES. The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
18.RELEASE AND INDEMNITY. The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
19.Governing Law and Jurisdiction. The Program is operated by the Provider within the Province of Quebec, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Quebec, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Quebec, with respect to all matters relating to their access to and use of the Program.
20.Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at email@example.com.
21.Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.