FREE product agreement
Free Product Terms
As part of our process in complying with the General Data Protection Regulations (GDPR), when you purchase this product (free or paid) from us, as part of the contractual relationship we are forming with you - we will add you to the communications database.
As part of the communications database, first and foremost, you'll hear from us
- when there is information directly related to your product
- when we have a company-wide communication that we think you'd like,
You may unsubscribe (turn us off) at any time. Please know that we don't participate in traditional email marketing, and that if you do unsubscribe, then you will not receive the messages directly related to this product.
This writing (formally called a contract) simply outlines the intended legal relationship between Dora Schievink (the “PROPRIETORSHIP”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of the free and or paid content or product that you want to gain access to (the “PROGRAM”) from the PROPRIETORSHIP.
The PROPRIETORSHIP and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
Accepting these terms
As the CLIENT, you are entering into a legally binding agreement with the PROPRIETORSHIP, a British Columbia Business according to the following terms and conditions, when you do any of the following:
- Click “I Agree”, "Purchase Now", "Buy now", "Sign up", or any other language that is synonymous with agreeing to access the PROPRIETORSHIP's content
- Email your statement of agreement
- Enter your credit card information
- Sign this agreement on this page or reverse
- Enroll electronically in the PROGRAM
- Enroll verbally, or otherwise, in the PROGRAM
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by PROPRIETORSHIP to CLIENT.
PARTIES agree that the PROGRAM is in the nature of educational and informational content relating to life and business.
The scope of services provided by PROPRIETORSHIP according to this AGREEMENT is limited to those listed on PROPRIETORSHIP’s website, or as part of the PROGRAM. PROPRIETORSHIP reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
The term “Confidential Information” means information which is not generally known to the public relating to the CLIENT’s business or personal affairs.
PROPRIETORSHIP agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
PROPRIETORSHIP shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
No transfer of intellectual property
PROPRIETORSHIP’s copyrighted and original materials are provided to the CLIENT for his or her individual use only and under a limited single-user license. You are not allowed to copy-n-paste the content into your own materials, website, and or any other purpose that would be displaying the PROPRIETORSHIP's content as your own.
CLIENT is not authorized to use any of PROPRIETORSHIP’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from PROPRIETORSHIP electronically, or otherwise without the prior written consent of the PROPRIETORSHIP.
All intellectual property, including PROPRIETORSHIP’s copyrighted course materials, shall remain the sole property of the COMPANY. No license to sell or distribute PROPRIETORSHIP’s materials is granted or implied.
To the extent that CLIENT interacts with PROPRIETORSHIP staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
Use of PROGRAM Materials
- By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM.
- PROPRIETORSHIP reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by PROPRIETORSHIP, without compensation to the CLIENT.
- CLIENT consents to its name, voice, and likeness being used by PROPRIETORSHIP for a future lecture, teaching, and marketing materials, and further other goods/services provided by PROPRIETORSHIP, without compensation to the CLIENT.
No resale of services permitted
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the PROPRIETORSHIP’s prior written consent.
If CLIENT is in default of this AGREEMENT, then CLIENT is barred from using any of PROPRIETORSHIP’s services.
If Client has gained access to a free product, there is no FEE due.
If Client has gained access to a FREE product, there is no refund provided.
As this is a digital product as soon as you gain access to it, you have gained access to our entire "inventory" and as we are sure you can understand - we need to protect our intellectual property. The PROPRIETORSHIP provides ample and reasonable opportunity to access FREE content that is representative of all paid content and so the PROPRIETORSHIP does not offer refunds on its digital or service-based products.Gift Cards
Cannot be redeemed for cash unless required by law. Refunds only provided for unused Cards with the original receipt (emailed to you upon purchase). Cards expire one year from the purchase date. The COMPANY does not charge fees. All amounts on the COMPANY gift card are denominated in the currency of the country in which it was sold.Controlling AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by PROPRIETORSHIP, PROPRIETORSHIP's representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.
Limitation of liability
By using PROPRIETORSHIP’s services and enrolling in the PROGRAM, CLIENT releases PROPRIETORSHIP, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides education and information related to running an online business. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.
Regardless of the previous paragraph, if PROPRIETORSHIP is found to be liable, PROPRIETORSHIP’s liability to CLIENT or to any third party is limited to the lesser of:
(a) The total amount of money CLIENT paid to PROPRIETORSHIP in the one month prior to the action giving rise to the liability, or
(b) $0.00 USD THIS IS A FREE PRODUCT
All claims against the PROPRIETORSHIP must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that PROPRIETORSHIP will not be held liable for any damages of any kind resulting from or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of PROPRIETORSHIP’s services or enrollment in the PROGRAM.
CLIENT agrees that use of PROPRIETORSHIP’s services is at CLIENT’s own risk.
PROPRIETORSHIP recognizes and agrees that all of the PROPRIETORSHIP’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the PROPRIETORSHIP.
CLIENT shall defend, indemnify (insure and protect), and hold harmless the PROPRIETORSHIP, PROPRIETORSHIP’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.
These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the PROPRIETORSHIP, PROPRIETORSHIP’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.
Disclaimer of Guarantee
CLIENT accepts and agrees that he or she is 100% responsible for his or her progress and results from the PROGRAM. CLIENT accepts and agrees that he or she is the one vital element to the PROGRAM’s success and that PROPRIETORSHIP cannot control CLIENT.
PROPRIETORSHIP makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. PROPRIETORSHIP and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. PROPRIETORSHIP makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.
Choice of Law/Venue
This AGREEMENT is governed and interpreted in accordance with the laws of the Province of British Columbia without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of or relating to this AGREEMENT to arbitration in the Province of BC, Canada according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.