Introduction
This website and all of its content, courses, modules, and information is owned and operated by The Technology Queen, a Company, incorporated under the laws of the province of Quebec (hereinafter referred to as “The Technology Queen” or “Company”)
Company owns or controls, and provides access to the Site and related websites (this is true regardless of how the websites are accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through robynr9.sg-host.com).
Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms and Conditions carefully. By accessing or using the Site, registering for services offered on the Site, or by accepting, uploading, submitting or downloading any information or products or content from or to the Site, you agree to these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.
Definitions of Terms
Company, The Technology Queen, or Course Provider, us, we: Company owns and operates the website and any and all courses, products, or services offered by and through the Company. Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as, if applicable, all employees and affiliates of the Company.
You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
Parties: Collectively, the parties to this Agreement (Company and You) will be referred to as Parties.
The Course details are as follows: Course Name: Virtual Summit Roadmap
Course Description: ARE YOU READY TO LEARN THE SECRET TO BUILDING YOUR LIST AND EXPANDING YOUR REACH? Stop wasting your time and energy with costly, low-return list-building efforts, and instead focus on strategies that are proven to work…
Course Total Course Fees (“Fees”): $27 (twenty-seven US dollars)
- IV) Course URL: https://www.thetechnologyqueen.co/vsr
Use of Site and Acceptance of Full Responsibility
Use and/or access of this site is your assent and acceptance for personal responsibility for the results of your actions, and you agree to be held accountable for any and all damages that are incurred because of your use of Company’s site and/or its content. While the site and the online courses may provide educational information you can learn from, you agree that you will be fully, personally, and professionally liable for any action you take. The Company is not responsible for any actions or decisions that you take, even if you did this after you accessed the site.
Agreement for any Courses sold or made available by Company.
For any and all courses sold by Company, all parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).
Assent and Acceptance of Courses, Products, Services purchased.
By purchasing and participating in any course, product, service or the like of Company, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you fail to do so prior to your making a purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Age Restriction.
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Disclaimer for Information on Site.
All information available on this site is for educational and informational purposes only. In no way or under no circumstances should it be construed or taken to be professional or technical advice, counsel or guidance, and it is not a substitute for such advice or professional guidance.
Additionally, nothing on Company’s website or contained within its courses, modules, services, products or the like should be taken or construed as a recommendation NOT to seek professional advice or counsel to address your specific situation or circumstance.
For example, nothing on this website or in the course modules should be seen as a substitute for legal advice or counsel regarding a business, a venture, an agreement or the like. Company is not a legal entity and does not provide legal advice.
No professional relationship or fiduciary created.
Additionally, using or engaging with Company’s website does not constitute or form a professional client and or fiduciary relationship between you and the Company, or between you and any of the Company’s employees, officers, agents, representatives or the like.
Company makes no guarantees or warranties about any results you may or may not achieve about taking any action, regardless of whether Company recommended such action on its website or not. Company is not making specific, focused, detailed or general income or revenue claims. It does not claim to guarantee or represent that you will obtain or realize any particular result from your use of the site, or your use and application of any information provided on the site or within the Company’s courses.
Any testimonials or results that individuals may or may not obtain from accessing or using Company’s site are NOT meant to be taken as any type of representation or guarantee that YOU will see a similar outcome. There are no guarantees that you will see any results from your use or access of the Company’s site or any of its courses and or products or services. There is no guarantee of any return on any investment or cost, and you acknowledge that you are 100% solely responsible for the results you see or don’t see as a result of using or accessing the Company’s site and or course materials.
License to use website and access any course, product, service materials.
We may provide you with certain information as a result of your accessing a course, product or service through Company’s website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THIS INFORMATION WOULD BE FREE TO USE OR NOT SUBJECT TO OTHER COPYRIGHTS, LICENSES OR TERMS. USE OF THIS INFORMATION IS AT YOUR OWN RISK.
Information, photos, graphics, logos, pictures and any original works of expression or authorship are the property of the Company. Any use, copy, display or reproduction (whether whole or in part), or modification of these may constitute a violation of federal copyright law and COMPANY WILL STRICTLY AND IMMEDIATELY ENFORCE ITS RIGHTS AT LAW.
Course Terms.
Most courses offered through Company do not have a structured start date, which means you may begin it at any time.
The Course and any of its accompanying Materials shall not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
- A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
- B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
- C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
- D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Your Obligations when you have purchased a course.
As a participant in a Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name.
You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Course and other Company Intellectual Property.
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
The past, present, and future Site content (“Content”) is the property of Company, its parent, subsidiaries, affiliates, or its licensors and may be protected by applicable patent, trademark, copyright, or other intellectual property rights under Canada and/or foreign laws.
Content includes, without limitation, (a) layout, organization, information, graphics, text, images, audio, videos, designs, compilations, data, wallpaper, icons, characters, artwork, photographs, music, sound, messages, software, (b) advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; (c) any and all copyrightable material (including source and object code); (d) the coding or HTML used to generate the pages, graphics, images, layout or text, and (e) all other materials related to the Site, including without limitation, the “look and feel” of the Site.
The Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Proprietary Information”) are owned by the Company and may be registered in Canada and internationally.
Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you to use or copy any Content or Proprietary Information.
Limited Revocable License
Subject to your strict compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Site’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages; or any software or other products or processes accessible through the Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user’s experience.
We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Prohibited Use of Content and Proprietary Information
Except as otherwise provided on the site or in these Terms, you may not, directly or indirectly, use, download, upload, copy, print, display, perform, reproduce, sell, lease, rent, exchange, rearrange, create a derivative work, publish, modify, delete, add to, license, post, transmit, or distribute any Content or Proprietary Information from this Site in whole or in part, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder without the specific prior written permission of the Company.
You agree to abide by any and all applicable laws, and any copyright notices, information, or restrictions contained in any part of the Site. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Site.
You agree not to display or use the Content or Proprietary Information from this Site in any manner without the Company’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Content or Proprietary Information without the prior written consent of the Company.
Prohibited use of Site
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products or services, providing information to the Site, and downloading product information or approved content for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.
The Company specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own;
Engaging in conduct that that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing, posting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
Attempting to interfere in any way with the Site’s or the Company’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates);
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting anything that adversely affects Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Site, interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Site;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation;
Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting otherwise make available any material that exploits or harms any individual, Company or other entity;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above Prohibited Uses of Site.
Security Rules
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging into a Company server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site;
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
You represent, warrant and agree that you will comply with the above Security Rules.
Products or Services
The Site currently provides users with access to information which may include without limitation, products, services, interactive forums, articles, videos, & podcasts. Unless explicitly stated otherwise, any new features that augment or enhance the Site, including the release of new or specialized Company web-based services or products, are automatically subject to these Terms. In some instances, both these Terms and a separate end-user license or similar agreement will apply to a service or product offered by Company and/or the Site.
We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Site without notice or liability. In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
Product Appearance and Availability.
Although the Company has made every effort to display our products (and sizes and colors, if applicable) as accurately as possible, the displayed colors and dimensions of the products will depend upon the monitor of the user, and the Company cannot guarantee that the user’s monitor will accurately portray the actual colors or appearance of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice to you. The Company is not responsible for typographical errors regarding price or any other matter.
Promotions
The Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements or they may be governed by law in your jurisdiction. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
Limits on Purchases and Resale.
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We also reserve the right in our sole discretion to cease doing business with those customers that we suspect are violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made via our Site, through affiliates, through links on Other Sites, or at live events.
Links To Other Websites
The Site may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use or terms of service and privacy policies and those Other Sites may have different practices and requirements than the Site. The Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Site is only providing these links to you as a convenience.
Linking Policy
Any web site that links to the Site: (a) must not frame or create a browser or border environment around any of the Content of the Site; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; (f) must not contain content that could be construed as distasteful, offensive or controversial; and (g) must not engage in behavior specifically prohibited by these Terms. By linking to any part of the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Site for any reason in our sole and absolute discretion.
Third Party Content and Information
The Site contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on the Site. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser.
You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Site. Under certain circumstances, we may permit third-party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Site do not imply endorsement of that product, service or publication.
Information You Submit
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you provide the Company with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of the Company, and your submission of information shall constitute an irrevocable assignment to the Company of all worldwide rights, titles and interests in and to such information. The Company will not be liable for any use or disclosure of such information.
The Company will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. The Company will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
However, the Company’s use of any personal information (name, email, address, phone, etc…) you provide via the Site shall be governed by our Privacy Policy. For further information regarding the Company’s protection of your personal information, please refer to our Privacy Policy page.
From time to time, the Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Site (“Your Upload Information”).
For example, the Site may offer forums, bulletin boards, wiki, chat rooms or other interactive areas (“User Forums”). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Site and pursue all legal remedies if we believe Your Upload Information violates these Terms, infringes another’s copyright or otherwise violates any law, rule or regulation.
You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand, product or service review, or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Site. If you post personal information in User Forums or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the Terms or any User Agreement.
Except as otherwise described in the posted privacy policy or other agreement on the Site at which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.
When you upload Your Upload Information via the Site, you irrevocably grant to: (i) Company, its parent, subsidiaries, affiliates, and partners; and (ii) users of the Site a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information.
You further agree that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, biographical information, logos, marks, trade names or other identifying information, or other information provided or obtained, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for purpose of advertising or promoting Company, its products and/or services or developing, manufacturing and marketing products using Your Upload Information.
Without limiting the foregoing, the licenses you grant Company in these Terms permit Company to publicly display, publicly perform, distribute, and reproduce Your Upload Information, in whole or in part, alone or with other material on or via the Internet, including without limitation, any Company-authorized online and offline receiving and playback devices, by any means of transmission now known or hereafter devised.
You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted to the Company through the Site or otherwise, and may alternatively choose to discard, and limit or block access to Your Upload Information without any liability whatsoever.
You acknowledge and agree that Company may have access to, create or have created literary materials and ideas which may be similar or identical to Your Upload Information in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions in these Terms, by submitting Your Upload Information, you agree to waive any claims you may have against Company for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.
You acknowledge that the Site, through Company, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since Company, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in Your Upload Information.
If Your Upload Information is submitted to Company on physical media, such media will not be returned and will become the property of Company.
Copyrights and Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ß 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright infringement relating to the Site or its Content can be sent to the Company’s Copyright Agent as follows:
By mail:
Attn: Robyn Bennett
The Technology Queen, PO Box 72046, Bois-des-filion, Quebec, J6Z 4N9
By email send to support [at] robynr9.sg-host.com)
We reserve the right to terminate the accounts of users who (in our reasonable discretion) infringe other’s copyrights or submit false infringement notices.
Registration for Access to Portions of Site
Registration may be required for the use of certain portions of the Site (e.g., email newsletters, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, etc.). Registration data and certain other information about you are subject to the privacy policy posted at the Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled. If you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. If you create a user account or register for a restricted portion of the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Site using your name, user name or password in whole or in part.
When Terms Control and End-User License Agreements
In some instances, these Terms and separate end-user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Site. To the extent there is a conflict between these Terms and the terms of any applicable end-user license or similar agreement, the end-user license or similar agreement will control, unless the additional conditions expressly state that these Terms will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms will control.
Possible Errors.
From time to time there may be errors on Company’s site, despite reasonable efforts made to keep information accurate and up-to-date by the Company. You agree you will not rely on any of the information on this site, expressly, implied or detrimentally. You acknowledge this and agree that information on the Company’s website and/or contained within any of its courses, products or services may contain errors or omissions, and that it is your responsibility to exercise care and diligence in verifying accuracy.
Acknowledgement that Reviews and Testimonials DO NOT Constitute Endorsement or Any Guarantee.
Should Company provide any reviews or photos of products, services, resources, materials, references, individuals, or the like, these are purely informational and simply the opinion (not the endorsement) of the person writing the review. This review shall not be construed to be advice that you need to purchase the product, service, resource, material, or advice of any individual, and you acknowledge that you are not relying on any information from these reviews to make any decisions. You are solely responsible for all decisions you make and the results. Under no circumstances shall any review by Company of another company’s products, services, resources, or the like be taken as or construed as an endorsement.
Actual and authentic testimonials, results or case studies, given by real clients, may appear on Company’s site. These are truthful however the results obtained may not be typical and you should not rely on these as any type of indication that you or anyone else using Company’s site and or resources/courses and the like will see a similar result. THERE IS NO GUARANTEE MADE OF ANY SPECIFIC RESULT AND YOU MAY SEE NONE AT ALL.
Liability.
If, occasionally, Company shares any information on the success or results that one of its clients (prior or current) realized by using Company’s website and/or courses, products and services, YOU EXPRESSLY AGREE, ACKNOWLEDGE AND UNDERSTAND THAT ANY SUCCESS OR RESULTS OF THESE PRIOR OR CURRENT CLIENTS DOES NOT GUARANTEE ANY SUCCESS OR RESULTS FOR YOU OR FOR ANYONE ELSE. RESULTS VARY AND ARE BASED ON SO MANY FACTORS OUTSIDE THE COMPANY’S CONTROL. THERE ARE NO INCOME, REVENUE, OR SUCCESS GUARANTEES.
USING ANY OF COMPANY’S COURSES, PRODUCTS, SERVICES, AND THE LIKE MUST BE BASED ON YOUR OWN EXERCISE AND USE OF DUE DILIGENCE.
Disclaimer of Warranties
THE COMPANY publishes information on its Site as a convenience to its visitors. While THE COMPANY attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. COMPANY products described in the Site may not be available in your region. THE COMPANY does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.”
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
COMPANY DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE Site OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY, TO THE FULLEST EXTENT OF THE LAW, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY.
Additionally, you agree that Company is not liable for damages (with or without limitation) for loss of profits or use arising from or connected to the use or performance (operational or other) of Company’s site, with any delay or inability to access the site or the course, product, service, or the like, whether based in contract law, tort, negligence, strict liability or other provision.
Your sole and exclusive remedy if you are not satisfied with any part of Company’s website, Course, or any of its terms of use, policies, and the like, is to DISCONTINUE USE OF THE WEBSITE.
Under NO circumstances would the maximum amount of liability Company would owe to you under this agreement exceed $100 (one hundred US Dollars), OR the amount you paid to us within the last six months, whichever is greater. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Indemnity
You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Terms, including, without limitation: (a) your use of the Site; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Content; or (d) any of Your Upload Information.
You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the Terms and under this Indemnity provision and in no event shall you settle any such claim without Company’s prior written approval.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, REPRESENTATIVES AND THE LIKE HARMLESS FROM ANY AND ALL LIABILITIES, DAMAGES, BUSINESS INTERRUPTIONS, DELAYS (FORESEEABLE OR NOT) LOSSES, CLAIMS, JUDGMENTS, OR ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY CLAIMS, COPYRIGHT INFRINGEMENT, INFRINGEMENT ON TITLE OR CONCEPT, AND ALL COSTS, ATTORNEYS’ FEES, AND INCIDENTAL EXPENSES, WHICH MAY BE SUFFERED.
YOU AGREE THAT COMPANY IS NOT LIABLE TO YOU OR TO ANYONE CONNECTED OR ASSOCIATED WITH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES.
NO WARRANTIES OR REPRESENTATIONS ARE MADE REGARDING THE ACCURACY, AVAILABILITY, RELIABILITY OR THE LIKE OF ANY INFORMATION, PRODUCTS, COURSES, SERVICES, OR RELATED ITEMS. ALL COURSES, PRODUCTS, SERVICES AND THE LIKE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION.
Service Interruptions.
We may need to interrupt your access to a product, service or Course, to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination and Suspension.
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. PLEASE BE AWARE AND ADVISED THAT TERMINATING THIS AGREEMENT DOES NOT ENTITLE YOU TO A REFUND (WHOLE OR IN PART) OF ANY MONIES ALREADY PAID.
Reverse Engineering and Security.
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Company’s website, or in any product, service or Course;
- Violate the security of the Company’s website, product, service or Course through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Acceptable Use.
You agree not to use any information content, products, services, or Courses on Company’s website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use these in any way that could damage the Course, Website, Services, Products or general business of the Company and Course Provider.
You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Course Provider or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
Spam Policy.
You are strictly prohibited from using any content, products, services, or Courses for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Payment and Fees.
The entirety of Fees for any product, service, or Course are due and payable upon your registration in the product, service or Course. NO PAYMENT PLANS OR INSTALLMENT PLANS ARE AVAILABLE.
Data Loss.
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in any product, service, Course or the like of Company and offered through Company’s website is at your own risk.
Modification and Variation.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
International Use of Site
We control and operate the Site from Canada, and all information is processed within Canada. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from Canada.
General and Miscellaneous Provisions.
- A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- B) JURISDICTION, VENUE & CHOICE OF LAW: You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms and/or the Web Site. Any controversy or claim arising out of or relating to these Terms and/or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of Quebec, in the City of Montreal, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 18 of these Terms and/or for entering any judgment on an arbitration award, shall take place in the Province of Quebec, in the City of Montreal, County of Canada. You waive the defense of forum non conveniens.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and the Content, including, without limitation, those governing your transmission or use of any software or data.
- C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Canada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class.
The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Montreal. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
- E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@robynr9.sg-host.com.
Construction and Enforcement of Terms
You agree that these Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms. Failure to enforce any provision of these Terms or other applicable agreement will not result in a waiver of that term or of any other term. No waiver on the part of Company of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No Joint Venture or other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of this Agreement or your use of the Site.
Limitations Period
Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action arose.
Entire Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any products, services or Courses offered on or available through Company’s website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
You may send any and all questions regarding this Disclaimer to: thetechnologyqueen@gmail.com
Effective February 27, 2020