These Terms of Service, as amended from time to time, together with the other terms, agreements and policies referenced herein (which constitute an integral part hereof) (these “Terms”) constitute a legally binding agreement between MarketingSyrup Digital Inc., a company incorporated under the laws of Canada (the “Company”) and each user visiting the Company's websites or using the Company's Website and Content (each, a “Customer”). The Terms govern the manner in which the Customer may use and access the Website and the Content (as such terms are defined below).
The Customer's access or use of the Website and the Content signifies the Customer's agreement to be bound to these Terms. If Customer does not agree to these Terms, Customer may not register or use the Website and the Content.
1. The Website and the Content
- The Website. The Company offers its Customers online educational courses for web designers, UX/UI designers, product designers, marketing specialists and developers and other related content and services (the "Content") through its websites and applications (the "Website"). In addition, while the Customer is subscribed to the Website, Customer may take part in the Company's community and enjoy additional offers and services which may be offered from time to time to the community, for no additional charge. The term "Content" includes, without limitation, any content, service, materials, software, know-how, files, documentation, code, designs, graphics, text, media, music, audio files or other sounds, photographs, images, videos, illustrations, interactive features, methodologies, artwork, names, logos, trademarks and services marks, and any derivative thereof; and the term "Website" includes any and all related or underlying technology and new versions, modifications, improvements, developments or derivatives thereof.
- Courses. THE COMPANY DOES NOT GUARANTEE THAT ANY SKILL, OUTCOME, RESULTS, SUCCESS OR OPPORTUNITIES WILL RESULT FROM THE USE OF THE WEBSITE AND THE PARTICIPATION IN THE COMPANY'S COURSES.
- Certificate. Upon successful completion of certain courses and tasks, the Company may issue the Customer a graduation certificate. The issuance of the graduation certificate is at the Company's sole discretion and is subject to the full payment of the Fees. The graduation certificate has no academic or other implications. The Company may revoke any such certificate at its sole discretion.
- Permitted Use. Without derogating from Section 5.2 below, Customer may only use the Website and the Content for the Customer's own personal use, as permitted by and subject to these Terms (the “Purpose”).
- Limitations on Using the Website. The right to use and access the Website and the Content as set forth in Section 1.1 above, is granted solely to the Customer and is limited, non-transferable, non-exclusive, non-assignable and non-sub-licensable. The Website and the Content may only be used by individuals who: (i) can form legally binding contracts under applicable law, and (ii) are of the age of eighteen (18) and above.
- Modification or Discontinuation of the Website. The Company may change or update the Website at any time, including the availability of any feature or Content, and the Company may impose limitations or restrictions on certain features and Content or on the access to the Website (or any part thereof), without notice or liability. Furthermore, the Company may offer alternative or additional features to certain customers, that may not be offered to others. The Content or any other services available on the Website may be mispriced, described inaccurately, or unavailable, and the company may experience delays in updating information on the Website and in advertisings on other websites.
2. Free Trial; Free Content
- Trial Services and Free Content. The Company may offer, from time to time, some or all of its Content and services on free trial versions or without any charge (“Trial and Free Services”). The Company reserves the right to modify, cancel and limit any Trial and Free Service at any time without any liability.
- Pre-released Services. The Company may offer, from time to time, certain Content and services in alpha or beta versions (the “Pre-Released Services”) and will use best endeavours to identify such Pre-Released Services as such. Pre-Released Services are services that are still under development, and as such, they may be inoperable or incomplete and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
- Governing Terms of Trial and Free Services and Pre-released Services. The Trial and Free Services and the Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial and Free Services and Pre-Released Services (i) such services are licensed hereunder on as “As-Is” “As Available” basis, with no warranties, express or implied, of any kind; and (ii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES OR ITS THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE WEBSITE, THE SITES, THE SERVICES AND THE THIRD-PARTY SERVICES), EXCEED US$ 1.00. The Company makes no promises that any Trial and Free Services and Pre-Released Services will be made available to the Customer and/or generally available.
3. Registration to the Website
- Account Registration. In order to use the Website, the Customer shall register and create an account (the “Account”). The Company reserves the right to refuse a Customer's registration or to block Customer's access to the Website, at the Company's discretion. Account Information. As part of the registration process, the Customer may be required to provide the Company with certain personal information (including, name, e-mail address, etc.) and to select a password. The Customer: (i) agrees to provide the Company with accurate, complete, and updated registration information; (ii) acknowledges that the Customer is solely responsible for the activity that occurs on the Customer's Account; (iii) agrees to keep the Customer's Account credentials, including but not limited to the password used to access the account, secured; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of the Account. The Customer will be solely responsible for any losses incurred by the Company or a third party, due to any unauthorized use of the Account by the Customer or any other third party.
4. Additional Content and Interactions
The Website and the courses may contain Content provided by community members and third-parties, such as other teachers, students and guests, including, without limitation, (i) information and messages posted in forums or through other means of communication between members of the Alexunder Hess Design community; and (ii) lessons and lectures provided by the Company's teachers and other guest speakers ("Additional Content"). In addition, as part of the courses, Customer may take part in personal or group training and mentoring sessions, provided by members of the community, representatives of the Company or third-parties ("Sessions"). Customer acknowledges and agrees that Company and any other party involved in such Additional Content and Sessions shall not be in any way responsible or liable with respect to such Additional Content or Sessions, unless acting in fraud. BY ACCESSING, PARTICIPATING AND/OR USING THE ADDITIONAL CONTENT AND SESSIONS, CUSTOMER ACKNOWLEDGES THAT ITS ACCESS AND USE OF THE ADDITIONAL CONTENT AND SESSIONS IS AT THE CUSTOMER'S SOLE DISCRETION AND RISK, AND THE COMPANY WILL NOT INCUR ANY LIABILITY WITH RESPECT THERETO.
5. Customer Content
- General. While using the Website, Customer may provide certain information, content or data to be shared, published, displayed, processed or used through Website (the "Customer Content"). Customer Content may include but is not limited to forum posts, files, documents, texts, code, designs, graphics, audio files or other sounds, photographs, images, videos, illustrations and other content. As between the Customer and the Company, all rights in the Customer Content shall remain with Customer.
- Customer Content. Customer hereby grants the Company and its Sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, modify, publish, download, store, distribute and display the Customer Content. Customer represents and warrants that (i) Customer owns or has all the necessary licenses, rights, consents, approvals and permissions to grant the Company the aforementioned right and license and to authorize the Company and its Sub-processors to access, use, process, copy, download, store, distribute and display the Customer Content, without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary rights of any third party; (ii) any Customer Content and any use thereof do not and shall not violate any applicable laws, including those related to data privacy or data transfer and export or any policies and terms governing such Customer Content.
- Restrictions. Customer may not, and may not permit or aid others to upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Website any Customer Content that: (i) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (ii) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, pornographic, contains nudity, or otherwise harms or can reasonably be expected to harm any person or entity; (iii) is illegal or encourages or advocates illegal activity; (iv) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (vi) creates a false identity or impersonates another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding” and “trolling” as such terms are commonly understood and used on the internet; (viii) violates any applicable local, state, national or international law or regulation; or (ix) includes any personal information of others, including, without limitation, their names, addresses, email addresses or telephone numbers, unless Customer has permission from such persons to do so. Customer is solely responsible for any violation of the aforementioned and for any damage or loss to the Company or any other third party resulting therefrom. The Company shall not be obligated to maintain or backup any Customer Content, and it may remove any Customer Content from the Website at any time, at its sole discretion.
6. Intellectual Property and Right to Use
- Company Intellectual Property. All right, title and interest in the Website and the Content is the property of the Company and its licensors, and these Terms do not convey to the Customer any interest in or to the Website or the Content, except for a limited right of use as set forth herein, terminable in accordance with these Terms.
- Prohibited Use. Customer may not, and may not permit or aid others to: (i) use the Website or the Content for any purpose other than the Purpose; (ii) copy, modify, alter, translate, emulate, create derivative works based on, or reproduce the Website, the Content or any content created through the Website; (iii) give, publish, sell, resell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the Website or the Content or the rights granted under these Terms to any third party, or use the Website or the Content in any service bureau arrangement; (iv) reverse engineer, de-compile, decrypt, revise or disassemble the Website or any part thereof, or extract source code from the object code of the Website, or access or use the Website or the Content in order to build a competing product or service; (v) bypass any measures the Company may use to prevent or restrict access to the Website or the Content, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Website or the Content; (vi) access the Website, the Content or Company's systems via any means other than through the interface provided by the Company, or via automated means, including by crawling, scraping, caching or otherwise; (vii) use the Website or the Content in any manner that is illegal or not authorized by these Terms; (viii) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on Company's (or Company's service providers') infrastructure; (ix) interfere or attempt to interfere with the integrity or proper working of the Website; (x) remove, deface, obscure, or alter Company's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Website or the Content; or (xi) provide any third party access to the Website or the Content through Customer's Account.
- Feedback. Customer may notify the Company of any design or functional errors, anomalies, and problems associated with the Website or the Content discovered by it and provide the Company suggestions, comments, ideas, or any other feedback regarding the Website and the Content (the “Feedback”). Any such Feedback shall become the Company's sole property without any restrictions. The Company may use any Feedback at its sole discretion, free from any right of the Customer or any third party and without any obligation towards Customer. Customer hereby assigns to Company all right, title, and interest worldwide in the Feedback and any intellectual property rights related thereto, and explicitly and irrevocably waives any and all claims associated therewith. Customer shall not provide the Company with Feedback which infringes any third party right.
- Intellectual Property Infringements. The Company does not permit copyright infringing activities and infringement of intellectual property rights via the Website. To file a copyright infringement notification, please send a written communication to email@example.com and the Company will follow with additional instructions. In the event that the Company believes that the Website, or any part thereof including without limitations the Content, may infringe intellectual property rights of third parties, then the Company may, in its sole discretion: (i) obtain (at no additional cost to Customer) the right to continue to use the Website or the allegedly infringing part thereof; (ii) replace or modify the allegedly infringing part of the Website so that it becomes non-infringing while giving substantially equivalent performance; or (iii) if the Company determines that the foregoing remedies are not reasonably available, then the Company may require that use of the allegedly infringing Website or part thereof shall cease, and in such an event Customer shall receive a prorated refund of any Fees paid for the unused portion of the Term. THIS SECTION 5.4 STATES COMPANY’S SOLE AND ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY THE COMPANY AND/OR ANY SUPPORTING SERVICES AND UNDERLYING TECHNOLOGY.
7. Privacy; Data Protection; Anonymous Information
- Anonymous Information. The Company may collect, monitor and use Anonymous Information (as defined below), inter alia to provide, develop, maintain, improve, demonstrate and market the Website. “Anonymous Information” means information about use of the Website which does not enable identification of an individual, such as aggregated data, metadata and analytic information.
8. Third Party Software, Services and Content
- Sub-processors. Customer acknowledges that the Website is hosted and made available by certain sub-processors of the Company (the “Sub-processors”). The Company may remove, add or replace its Sub-processors from time to time, at its sole discretion.
- Free Software. The Website may include third party "open source" or "Free Software" components that are subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and the terms of these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party component.
- Other Products and Services. The Website may contain links to other third-party products and services or may enable Customer to access, engage and procure certain products and services provided by third parties (the “Third Party Services”). Customer acknowledges and agrees that regardless of the manner in which such Third Party Services may be presented or offered to Customer, Company shall not be in any way responsible or liable with respect to any Third Party Services. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, CUSTOMER ACKNOWLEDGES THAT ITS ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT ITS SOLE DISCRETION AND RISK, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICES ARE IN COMPLIANCE WITH CUSTOMER'S REQUIREMENTS AND ANY APPLICABLE LAW OR REGULATION.
9. Term; Payment
- Term and Fees. The Website and the Content will be available to Customer as of its registration to the Website or purchasing a certain Content and for as long as the Content is available for Customer through the Website (the “Term”). Customer shall pay the Company the fees set forth in the Website for the Content to which the Customer elects to enroll (the “Fee”). Unless expressly indicated otherwise, Fees are stated in US dollars. The Company reserves the right at any time to change the Fees of any Content from time to time, provided, however, that any increase of the Fee for Content to which the Customer has subscribed shall only become effective upon the end of the Term.
- Payment Terms. Customer shall pay the Fee in accordance with the payment terms set forth in the Website, either in a one-time payment which will be paid up-front (the “One Time Payment”) or in installments as further specified in the Website (the “Installments Payment”). Overdue payments may bear compounded interest, as of the payment due date and until paid in full, at a rate equal to the lower of: (i) 1.5% per month, or (ii) the highest rate permitted by law. The aforesaid shall not derogate from any other right or remedy to which the Company may be entitled. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by the Company in collecting any payment.
- Suspension and Termination for Overdue Payments. If the Company is unable to charge the Fees (including any Installment Payment) through Customer’s approved payment means, the Customer will have 14 days to settle such overdue Fees. If the Company was unable to charge the overdue Fees within 14 days as of the due date, the Company may, in addition to any other remedies, suspend Customer's access to the Website or to the relevant Content, at the Company's discretion. Upon such suspension, Customer will have three (3) months to pay Company the overdue Fees. If Customer does not settle such overdue Fees within three (3) months, Company may terminate Customer's Account and this Agreement. Following such termination, any use of the Website or access to certain Content will be considered a new purchase and subject to the payment of the entire applicable Fee regardless of any past payment.
- Money-Back-Guarantee. Any Fees paid to the Company by the Customer can be refunded within 30 days as of Customer’s first purchase of the access to the relevant Content, by Customer providing Company with a written notice, and in such event Customer’s access to such Content will be terminated immediately. The Customer may receive a 100% refund if this Customer hasn't started watching the Content, hasn't downloaded any materials or documents of the courses, coaching sessions or masterclasses, or provided a written notice about the Money-Back-Guarantee before the class, course or any other purchased program started. If the Customer received access to the Content and started consuming it, only 70% of the Fees can be refunded. If the educational program, course, masterclass or coaching session has more than one lesson, the amount to a refund will be calculated according to the amount of Content received by the Customer. After 30 days from the date of purchase, the purchase becomes non-cancelable and the Fee becomes non-refundable. The Customer may receive a refund once, and if Customer purchases again access to any Content for which a refund was received, such purchase shall be non-cancelable and non-refundable.
- Payment Processing. Customer hereby authorizes the Company, either directly or through third party’s payment processing service, to charge the Fees via Customer’s selected payment method. Payments processed by a third party are in such third party’s exclusive responsibility and are subject to such third party’s terms and conditions. Customer agrees that such third party’s terms and conditions shall apply to its payment of the Fees. THE COMPANY WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR. Customer hereby authorizes third-party payment processor to provide data and information to the Company. The Company will be free to replace the payment processor service from time to time or process payments itself.
- Credit Card. Credit card details may be needed to complete the purchase of a subscription to Content or other services and products offered on the Website. Customer authorizes the Company to continue to charge its credit card or any replacement card for any Installment Payment and for any future purchase. Failure by the Company to charge Customer’s credit card shall not derogate from Customer’s payment obligation.
- Termination or Suspension by Company. Company may terminate or suspend Customer's Account and subscription to the Website immediately, without prior notice or liability, (A) upon the lapse of all Subscription Terms, (B) if Customer breaches, or fails to comply with, any of the provisions contained in these Terms, and (C) in each of the following events: (i) the Company believes, in its sole discretion, that Customer or any third party is using the Website in a manner that may impose a security risk, may cause harm to the Company or any third party, or may create any liability to the Company or any third party; (ii) if the Company believes, in its sole discretion, that Customer or any third party is using the Website in breach of these Terms or applicable laws; or (iii) if the Company is unable to charge the Fees, if applicable, through Customer’s approved payment means or if any payment is or is likely to become, overdue, as set forth in Section 9.3. The aforementioned rights are in addition to any rights and remedies that may be available to the Company in accordance with these Terms and/or applicable law. In addition, Company may terminate or suspend Customer's Account and subscription to the Website without cause by providing Customer with a 60 day prior notice, and in such case Company shall refund any amount pre-paid with respect to the period post-termination, on a pro-rata basis.
- Termination by Customer. Customer may terminate its Account and subscription to the Website by sending Company a written request. Company shall usually process such request within 14 business days. Termination by Customer shall not derogate from Customer’s obligation to pay any Fees due, subject to Section 9.2 above.
- Effect of Termination. Unless expressly indicated otherwise in these Terms, the termination or expiration of these Terms shall not relieve Customer from its obligation to pay due Fees. Upon termination or expiration of these Terms, Customer’s Account, and all rights granted to Customer hereunder shall terminate, and Customer shall cease to have access to the Website and any Content. Following termination or expiration, the Company may, at its sole discretion, delete the Customer Content without retaining any copy thereof.
- Survival. All the provisions of these Terms which by their nature should survive termination (including, without limitation, ownership and intellectual property, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve Customer from any obligation arising or accruing prior to such termination or limit any liability which Customer otherwise may have to the Company.
11. Warranty and Disclaimer
- CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE WEBSITE, ANY CONTENT, AND ANY RELATED SERVICES PROVIDED BY THE COMPANY OR ANY THIRD-PARTY, ARE AT THE CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLE WITH CUSTOMER.
- EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE WEBSITE, THE CONTENT AND ANY OTHER PRODUCTS OR SERVICES ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE. NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY WARRANTS THAT THE USE OF THE WEBSITE OR OF ANY CONTENT OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY CUSTOMER AS A RESULT OF CUSTOMER’S USE OF THE WEBSITE OR OF ANY CONTENT OR SERVICE WILL BE ACCURATE OR RELIABLE. NO LESSON, ADVICE OR INFORMATION OBTAINED BY THE CUSTOMER THROUGH OR FROM THE WEBSITE OR ANY CONTENT SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.
- COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE CONTENT AND CUSTOMER’S USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, MEMBERS, COMMUNITY MEMBERS, EMPLOYEES OR OTHER RELATED PARTIES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF OR DAMAGE TO CUSTOMER’S SYSTEMS, DEVICES, DATA, INFORMATION, GOODWILL, PROFITS, SAVINGS, OR PURE ECONOMIC LOSS; (III) THE FAILURE OF INDUSTRY-STANDARD SECURITY MEASURES AND PROTECTIONS; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; REGARDLESS OF (A) WHETHER COMPANY, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
- CUSTOMER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE WEBSITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF CUSTOMER’S RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.
- TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE AND TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES PAID TO THE COMPANY FOR USE OF THE WEBSITE IN THE SIX MONTHS PRECEDING THE CAUSE OF THE CLAIM.
- Customer shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, loss, reasonable expense or costs (collectively, “Losses”) incurred as a result of any third party claim (i) related to any Customer Content, including infringement or violation of a third party’s right (including without limitation, intellectual property or privacy rights); or (ii) resulting from Customer’s breach of these Terms.
- Affiliates. This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
- Contests, Sweepstakes and Promotions. Any contests, sweepstakes or other promotions (collectively, the “Promotions”) made available through the Website may be governed by additional rules and policies, by which Customer will be bound. If the Customer participates in any Promotion, it is the Customer's sole responsibility to review the applicable rules and policies.
- Compliance. While accessing and using the Website and the Content, the Customer will comply with applicable laws.
- Amendments. The Company reserves the right to change these Terms at any time by posting a new version at: alexunderhess.design/terms-and-conditions. In the event of a material change, Company shall notify the Customer by posting a notice in the Website or in the Company's website, or by sending the Customer an email. Any such modifications shall become effective immediately upon posting.
- Export Control. The Website may be subject to Canada, the U.S. or foreign export controls, Laws and regulations (the “Export Controls”), and Customer agrees and confirms that: (i) Customer is not located or uses, exports, re-exports or imports the Website (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) Customer is solely responsible for complying with applicable Export Controls which may impose additional restrictions, prohibitions or requirements on the use of the Website.
- Force Majeure. Neither Company nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, pandemic diseases, acts of God, war, terrorism, and governmental action.
- Governing Law; Jurisdiction. These Terms and their performance shall be governed by the laws of Canada, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Toronto.
- Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAWS, CUSTOMER AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Customer and the Company agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
- Entire Agreement. These Terms (and the other terms, agreements and policies referenced herein) constitute the entire agreement between Customer and the Company with respect to Customer's use of the Website and supersede all prior or contemporaneous understandings regarding such subject matter.
- Assignment. The company may assign at any time any of its rights and/or obligations hereunder to any third party without the Customer's consent. Customer may not assign any of its rights or delegate any obligations hereunder, in whole or in part without the prior written consent of Company, and any attempt by a Customer to do so shall be deemed null and void.
- Relationship of the Parties; No Third-Party Beneficiaries. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to these Terms.
- Severability. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable and legal.
- No Waiver. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Company in writing.
For any questions or queries about these Terms or the Website in general, please do not hesitate to contact us at the following e-mail address: firstname.lastname@example.org