TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site is subject to the following Terms and Conditions and
other applicable law. By using this
Website or by clicking to accept or agree to Terms and Conditions when this
option is made available to you, you accept and agree to be bound and abide by
these Terms and Conditions and our Privacy Policy, incorporated herein by
reference. If you do not want to agree to these Terms and Conditions, including
the agreements incorporated by reference herein, you must not access or use the
Website.
The following Terms and Conditions are entered into by and
between You and Enabling Adaptations Inc. (“Company”,
“we”, “us”; Collectively, the “Parties”).
The following Terms and Conditions, together with any
documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your
access to and use of enablingadaptations.com, including any content,
functionality, and services offered on or through enablingadaptations.com, or
any affiliated websites including any Linked Websites that host course
material, or subsidiary websites including skootlebox.com, apps, courses,
online materials, or any other written, audio, visual, or other content
originating from Enabling Adaptations Inc. (“Website”), whether as a guest or registered user.
This Website is offered and available to users who are 18
years of age or older. By using this Website, you represent and warrant that
you are of legal age to form a binding contract with the Company and meet all
of the foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Website.
COPYRIGHT
The entire content included in this Website, including any
course or program materials, including but not limited to text or audio files
in any form and provided in any format, graphics, code, audio recordings
including podcast episodes, audiovisual recordings, or any other form of
content is copyrighted as a
collective work under the Canadian and other copyright laws, and is the
exclusive property of Enabling Adaptations Inc. The collective work includes
works that are licensed to Enabling Adaptations Inc., ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this Website for the sole purpose of placing an order with Enabling Adaptations
Inc., or purchasing products from Enabling Adaptations Inc..
You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the Website solely for your own personal,
non-commercial use, or to place an order with Enabling Adaptations Inc.. Any other use, including but not limited to
the reproduction, distribution, display or transmission of the content on this
Website is strictly prohibited, unless authorized in writing by Sabrina
Adair, CEO of Enabling Adaptations Inc. You further agree not to change or delete any
proprietary notices from materials downloaded from the Website.
TRADEMARKS
All trademarks, service marks, and trade names of Enabling
Adaptations Inc. used on the Website are
trademarks or registered trademarks of Enabling Adaptations Inc.
DISCLAIMER
Your
use of the Website is also subject to the Company’s Disclaimer.
Please review our Disclaimer, which also governs
the Website and informs users of various limitations regarding the information
provided on the Website. Your agreement to the Disclaimer is hereby incorporated
into these Terms and Conditions.
ACCESSING
THE WEBSITE AND ACCOUNT SECURITY
We
reserve the right to withdraw or amend this Website and any service or material
we provide on the Website in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Website is unavailable at any
time or for any period. From time to time, we may restrict access to some parts
of the Website, or the entire Website, to users, including registered users.
To
access the Website or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Website and any resources downloaded from the Website that all
the information you provide on the Website is correct, current, and complete.
You agree that all information you provide to register with this Website or
otherwise, including but not limited to through the use of any interactive
features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take
with respect to your information consistent with our Privacy
Policy.
If you choose, or are
provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user
name, password or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. You also agree to ensure that you exit from
your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal
information. We have the right to
disable any user name, password or other identifier, whether chosen by you or
provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms
and Conditions.
NO
UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
You
are granted a non-exclusive, non-transferable, revocable license to access and
use the Website and the resources available for download from the Website
strictly in accordance with these Terms of Use.
As
a condition of your use of the Website, you warrant to the Company that you
will not use the Website or any of the resources available for download from
the Website for any purpose that is unlawful or prohibited by these Terms. You
may not use the Website or any of the resources available for download from the
Website in any manner that could damage, disable, overburden, or impair the
Website or interfere with any other party’s use and enjoyment of the Website.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Website.
All
content included as part of the Service, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Website, is
the property of the Company or its suppliers and protected by copyright and
other laws that protect intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other proprietary notices, legends or
other restrictions contained in any such content and will not make any changes
thereto.
You will not modify,
publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or
in part, found on the Website or any of the resources available for download
from the Website.
The Company content is
not for resale. Your use of the Website or any of the resources
available for download from the Website does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your individual use, and will make no
other use of the content without the express written permission of the Company
and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of the Company or our licensors except as
expressly authorized by these Terms.
The
Company name, the Company logo, the Company slogan, and all related names,
logos, product and service names, designs, and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs and slogans on this Website are the trademarks of their
respective owners.
USE
OF TEMPLATES AND FORMS
The
Company provides various templates and/or forms (“Forms”) for download and/or sale on theWebsite. The Company grants
you a limited, personal, non-exclusive, non-transferable license to use our
templates and/or forms for your own personal or internal business use.
Except
as otherwise provided, you acknowledge and agree that you have no right to
modify, edit, copy, reproduce, create derivative works of, reverse engineer,
alter, enhance or in any way exploit any of the templates and/or forms in any
manner, except for modifications in filling out the templates and/or forms for
your authorized use.
By
ordering or downloading Forms, you agree that the Forms you purchase or
download may only be used by you for your personal use and shall not be shared,
sold, or redistributed without the express written consent of the Company.
USE
OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The
Company from time-to-time provides various courses, programs, and associated
material for sale on the Website. The Company grants you a limited, personal,
non-exclusive, non-transferable license to use our courses, programs, and
associated material (collectively the “Courses”)
for your own personal use. Except as otherwise provided, you acknowledge and
agree that you have no right to modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance or in any way exploit any
of the Courses in any manner. By
ordering or participating in Courses, you agree that the Courses you purchase
or download may only be used by you for your personal use and may not be sold
or redistributed without the express written consent of Sabrina Adair, CEO of
the Company.
By
ordering or participating in Courses, you further agree that you shall not
create any derivative work based upon the Courses and you shall not offer any
competing products or services based upon any information contained in the
Courses.
USE
OF FREE DOWNLOADABLE CONTENT
The
Company provides various resources on this Website, which users may access by
providing an e-mail address. The Company grants you a limited, personal,
non-exclusive, non-transferable license to use our resources provided in
exchange for an email address (the “Freemium
Content”) for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Freemium Content in any manner. By
downloading the Freemium Content, you agree that the Freemium Content you
download may only be used by you for your personal use and may not be sold or
redistributed without the express written consent of the Company.
By
downloading the Freemium Content, you further agree that you shall not create
any derivative work based upon the Freemium Content and you shall not offer any
competing products or services based upon any information contained in the
Freemium Content.
GUESTS
The
Company may, from time to time, provide information from a third party in the
form of a podcast guest interview, interview on other platform, guest blog
post, or other medium. The Company does not control the information provided by
such third-party guests, is not responsible for investigating the truth of any
information provided, and cannot guarantee the veracity of any statements made
by such guests. Individuals who agree to appear as guests on any podcast orinterview
offered by the Company agree to transfer all intellectual property rights they
may have in any such interviews to the Company and further provide a license to
any rights they are unable to assign.
FOR
EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As
set forth more fully in the Disclaimer, the information
contained on this Website and the resources available for download through this
Website are for educational and informational purposes only. The information
contained on this Website and the resources available for download through this
Website is intended for informational purposes only and solely as a self-help
tool for your own use and is not intended as, and shall not be understood or
construed as legal, financial, tax, medical, health, or any other professional
advice.
NOT
MEDICAL, LEGAL, OR FINANCIAL ADVICE
In
providing educational and informational content on the Website, the Company,
and its associates, employees, vendors, and consultants are not acting in the
capacity of health practitioners, lawyers, accountants or financial advisors,
nor are we holding ourselves out to be. The information contained in this
Website is not intended to be a substitute for medical, health, legal, or
financial advice that can be provided by your own health care provider, lawyer,
accountant, and/or financial advisor. Although care has been taken in preparing
the information provided to you, we cannot be held responsible for any errors
or omissions, and we accept no liability whatsoever for any loss or damage you
may incur. Always seek health, medical, financial and/or legal counsel relating
to your specific circumstances as needed for any and all questions and concerns
you now have, or may have in the future. You agree that the information on our
Website is not medical, health, legal, or financial advice.
ACCURACY
AND PERSONAL RESPONSIBILITY
As
set forth more fully in the Disclaimer, we have done our best
to ensure that the information provided on this Website and the resources
available for download are accurate and provide valuable information, but we
cannot guarantee the accuracy of the information.
Neither
the Company nor any of its owners or employees shall be held liable or
responsible for any errors or omissions on this Website or for any damage you
may suffer as a result of failing to seek competent advice from a professional
who is familiar with your situation.
By
using this Website, you accept personal responsibility for the results of your
actions. You agree to take full responsibility for any harm or damage you
suffer as a result of the use, or non-use, of the information available on this
Website or the resources available for download from this Website. You agree to
use judgment and conduct due diligence before taking any actions or
implementing any plans or policy suggested or recommended on this Website.
You shall accurately represent the
information provided to us on or through our Website. You acknowledge that you
are participating voluntarily in using our Website and that you are solely and
personally responsible for your choices, actions and results, now and in the
future. You accept full responsibility for the consequences of your use, or
non-use, of any information provided on or through this Website, and you agree
to use your own judgment and due diligence before implementing any idea,
suggestion or recommendation from our Website to your life, family or business.
NO
GUARANTEES AS TO RESULTS
As
set forth more fully in the Disclaimer, you agree that the
Company has not made any guarantees about the results of taking any action,
whether recommended on this Website or not. The Company provides educational
and informational resources that are intended to help users of this Website
succeed. You nevertheless recognize that your ultimate success or failure will
be the result of your own efforts, your particular situation, and innumerable
other circumstances beyond the control and/or knowledge of the Company.
Any case studies, client success stories,
earnings, income statements or examples shown through our Website are only
estimates of what might be possible now or in the future. There can be no
assurance as to any particular health or financial outcome based on the use of
our Website. You agree that Sabrina Adair or the Company are not responsible
for any person’s health or success therein, your earnings, the success or
failure of your decisions, the increase or decrease of your finances or income
level, or any other result of any kind that you may have as a result of
information presented to you through our Website. You are solely responsible
for your results.
You
also recognize that prior results do not guarantee a similar outcome. Thus, the
results obtained by others – whether clients of the Company or otherwise –
applying the principles set out in this Website are no guarantee that you or
any other person or entity will be able to obtain similar results.
EMAIL
AND OTHER ELECTRONIC COMMUNICATIONS
Visiting
the Website or sending emails to the Company constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures, and other communications that we
provide to you electronically, via email and on the Website, satisfy any legal
requirement that such communications be in writing.
We
would be pleased to communicate with you by e-mail, and there are various
places on this Website that provide you the ability to send an electronic
communication to the Company. Any such email or other electronic communication,
however, does not create a business or patient-health care provider relationship
or any contractual relationship. As set forth more fully in our Privacy
Policy, we will take reasonable steps to ensure
that any communications remain confidential, but we cannot guarantee the
security of such communications and cannot guarantee that we would not be
required to disclose such communications as a result of a court order.
USE
OF COMMUNICATION SERVICES
The
Website may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, blog comment sections and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents; upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward
surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However,
the Company reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. The Company
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
The
Company reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in the Company’s sole discretion.
Always
use caution when giving out any personally identifying information about
yourself in any Communication Service. The Company does not control or endorse
the content, messages or information found in any Communication Service and,
therefore, the Company specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized the Company
spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you upload the materials.
MATERIALS
PROVIDED TO THE WEBSITE
The
Company does not claim ownership of the materials you provide to the Website
(including feedback and suggestions) or post, upload, input or submit to any
Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing, or submitting your Submission you are granting the Company, our
affiliated companies, and necessary sub-licensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate, and reformat
your Submission; and to publish your name in connection with your Submission.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. The Company is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in the Company’s sole
discretion.
By
posting, uploading, inputting, providing, or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Submissions.
CODE
OF CONDUCT
You
may not use the Company for any illegal or unauthorized purpose. In addition to
the laws of the Province of Ontario, Canada, you also agree to comply with all
local laws that apply to your use of the Website. You may not use the Website
in any manner which could disable, overburden, damage, or impair the Website,
or interfere with any other party’s use and enjoyment of the Website. You agree
that you are responsible for your own conduct and communications while using
the Website and for any consequences of that use. You agree that when using the
Website, you will not post or upload any inappropriate, promotional,
defamatory, destructive, obscene, or unlawful content; defame, abuse, harass,
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others or upload dangerous or harmful files. The Company reserves the right
to remove individuals from our community in instances of misconduct with no
opportunity for refund and without notice.
LINKS
TO THIRD PARTY WEBSITES AND SERVICES
The
Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control
of the Company and the Company is not responsible for the contents of any
Linked Website, including without limitation any link contained in a Linked
Website, or any changes or updates to a Linked Website. The Company is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by the Company of the Website or any
association with its operators. Certain services made available via the Website
are delivered by third-party Websites and organizations. By using any product,
service, or functionality originating from the Website, you hereby acknowledge
and consent that the Company may share such information and data with any third
party with whom the Company has a contractual relationship to provide the
requested product, service or functionality on behalf of the Website’s users
and customers.
PURCHASES
AND SUBSCRIPTIONS
If
you wish to purchase any product or service made available through the Website
(“Purchase”), you may be asked to supply certain information relevant to your
Purchase including, without limitation, your name, phone number, email address,
physical address, credit card information and geographic location. Please view
our Privacy
Policy for more information on how we use your
personal information. Some parts of the Service may be billed on a subscription
basis as outlined on the sales and check out pages of the product. You will be
billed in advance on a recurring basis as per the subscription or payment plan
agreement.
PAYMENT
POLICY
Payment
in full must be made prior to accessing any online resources requiring payment,
including but not limited to our course(s). We cannot provide services that are
not paid for in advance.
For
any in-person or live virtual 1:1 sessions, we require payment through
Jane.app, a Linked Website.
CANCELLATION
AND REFUND POLICY
The
Company cannot issue refunds for any 1:1 or online services provided,
regardless of whether clients decide to stop using our services, or if clients
are removed for violation of our Terms and Conditions. If
your use of our Website is terminated as a result of your violation of our
Terms and Conditions, you will not receive any refund whatsoever and all of
your access to our Website and services will be immediately terminated without
notice.
We
cannot offer services, including our course(s), that have not been paid for.
DURATION
OF ACCESS TO COURSE, MATERIALS, AND FACEBOOK COMMUNITY
Access
to the Course Materials
You
have access to the Course materials indefinitely, including the recordings and
corresponding materials in the Content Hub. Course contents may be changed and updated
over time and you will retain access to all updated material as it becomes
available.
Access to our Course Facebook Group
Together
with access to our course(s), you may be granted access to a Course Facebook
Group. This Facebook Group is a private Facebook group for customers who have
purchased the corresponding course. This private Facebook Group is intended to
facilitate a sense of community and support amongst customers who enrol in our
course(s). In addition to these Terms and Conditions and Privacy Policy, all
Facebook Group members agree to maintain a supportive and inclusive online
environment and experience for themselves and other group members. Disrespect,
discrimination, or any behaviours, written or otherwise, which may be construed
as such will result in immediate termination of access to the Facebook Group
and our services at the sole discretion of Enabling Adaptations Inc.
Notwithstanding
any of the aforementioned policies, your access to the Facebook Community and
any of our services will be terminated if you violate our Terms and Conditions,
any other policy or code of conduct of the Company adopted on any day without
prior notice, or any policies documented within any of our Facebook Pages or
Groups, without prior notice and without access to any refund whatsoever.
No
content posted within this Facebook Group shall be construed as professional
health or medical advice. This Facebook Group is intended to facilitate
community and provide a forum for support and educational and informational
purposes only. No content posted within this Facebook Group by Enabling
Adaptations Inc., Sabrina Adair, or any group member shall be construed as any
kind of professional advice.
This
Facebook Group is not a forum in which to promote yourself or your business.
Any kind of promotion, unless solicited by Enabling Adaptations Inc. or Sabrina
Adair, will be construed as a violation of these Terms and Conditions and will
result in your termination from the Facebook Group at the sole discretion of
Enabling Adaptations Inc.
NO
WARRANTIES
The
Company makes no warranties regarding the performance or operation of this
website. The Company further makes no representations or warranties of any
kind, express or implied, as to the information, contents, materials,
documents, programs, products, books, or services included on or through this
website. To the fullest extent permissible under the law, the Company disclaims
all warranties, express or implied, including implied warranties of
merchantability and fitness for a particular purpose.
NO
ENDORSEMENT
References
or links in our Website to the information, opinions, advice, programs,
products or services of any other individual, business or entity does not
constitute our formal endorsement. The Company is not responsible for the
Website content, blogs, e-mails, videos, social media, programs, products
and/or services of any other person, business or entity that may be linked or
referenced in our Website. Conversely, should our Website link appear in any
other individuals, businesses or entities Website, program, product or
services, it does not constitute our formal endorsement of them, their business
or their Website either.
AFFILIATES
From
time to time, we may promote, affiliate with, or partner with other individuals
or businesses whose programs, products and services align with ours. There may
be instances when we promote, market, share or sell programs, products or
services for other partners and in exchange we may receive financial
compensation or other rewards. The Company is highly selective and only
promotes the partners whose programs, products and/or services we respect. At
the same time, you agree that any such promotion or marketing does not serve as
any form of endorsement whatsoever. You are still required to use your own
judgment to determine that any such program, product or service is appropriate
for you. You are assuming all risks, and you agree that The Company is not
liable in any way for any program, product or service that we may promote,
market, share or sell on or through our Website.
VARIATION
The Company shall have the right in its absolute discretion
at any time and without notice to amend, remove or vary the Services and/or any
page of the Website.
COMPLAINTS
The
Company offers support to our clients and a complaints handling procedure which
we will use to try to resolve disputes when they first arise, with a solution
that is mutually agreeable to both the client and the Company. Please let us
know if you have any complaints or comments at info@enablingadaptations.com.
SEVERABILITY
If
any provision of these Terms is found to be unenforceable or invalid under any
applicable law, such unenforceability or invalidity shall not render these
Terms unenforceable or invalid as a whole, and such provisions may be deemed
severable without affecting the remaining provisions herein.
ENTIRE
AGREEMENT
These
Terms, including any legal notices and disclaimers contained on this Website,
constitute the entire agreement between the Company and you in relation to your
use of this Website, and supersede all prior agreements and understandings with
respect to the same.
By
using our Website you are agreeing to all parts of the above Disclaimer. If you
have any questions about this Disclaimer, please contact info@enablingadaptations.com.
LIMITATION
OF LIABILITY
You hereby fully and completely hold
harmless, indemnify and release Sabrina Adair and the Company and any of its
successors, assigns, agents,
consultants, affiliates, team members, joint venture partners, employees,
shareholders, directors, staff, team members, or anyone otherwise affiliated
with the business from any and all causes of action, allegations, suits,
claims, damages, or demands whatsoever, in law or equity, that may arise in the
past, present or future that is in any way related to our Website.
You
agree to absolve the Company of any and all liability or loss that you or any
person or entity associated with you may suffer or incur as a result of use of
the information contained on this website and/or the resources you may download
from this website. You agree that the company shall not be liable to you for
any type of damages, including direct, indirect, special, incidental,
equitable, or consequential loss or damages for use of this website. The
information, software, products, and services included in or available through
the website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. The Company and/or its suppliers
may make improvements and/or changes in the website at any time. The Company
and/or its suppliers make no representations about the suitability, reliability,
availability, timeliness, and accuracy of the information, software, products,
services and related graphics contained on the website for any purpose. To the
maximum extent permitted by applicable law, all such information, software,
products, services and related graphics are provided “as is” without warranty
or condition of any kind. The Company and/or its suppliers hereby disclaim all
warranties and conditions with regard to this information, software products,
services and related graphics, including all implied warranties or conditions
of merchantability, fitness for a particular purpose, title, and
non-infringement.
To
the maximum extent permitted by applicable law, in no event shall the Company
and/or its suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the website, with the delay or
inability to use the website or related services, the provision of or failure
to provide services, or for any information, software, products, services and
related graphics obtained through the website, or otherwise arising out of the
use of the website, whether based on contract, tort, negligence, strict
liability or otherwise, even if the Company or any of its suppliers has been
advised of the possibility of damages.
Because
some jurisdictions do not allow the exclusion or limitation of the liability for
consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Website, or with any of these
Terms and Conditions, your sole and exclusive remedy is to discontinue using
the Website.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU
AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION. YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO
A TRIAL BY JURY WITH RESPECT TO ANY DISPUTES. UNLESS BOTH YOU 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.
DISPUTE
RESOLUTION BY MEDIATION AND ARBITRATION AND JURISDICTION
In
the event of a dispute under these Terms and Conditions, such dispute shall be
resolved by mediation before pursuing any other proceedings. Nothing herein
shall preclude any Party from seeking injunctive relief in the event that the
Party perceives that without such injunctive relief, serious harm may be done
to the party. Any party to the dispute may serve notice on the others of its
desire to resolve a particular dispute by mediation. The mediator shall be
appointed by agreement between the Parties or, if the Parties cannot agree
within five (5) business days after the receipt of the notice of intention to
mediate, the mediator shall be appointed by the Canadian Arbitration
Association, located in the City of Toronto, in the Province of Ontario. The
costs of the mediator shall be shared equally by the Parties. If the dispute
has not been resolved within sixty (60) days of the notice of desire to
mediate, any Party may terminate the mediation and proceed to arbitration as
set out below.
Subject
to the mediation provisions set out above, if any dispute or controversy occurs
between the Parties relating to the interpretation or implementation of any of
the provisions of these Terms of Use, the dispute will be resolved by
arbitration at Canadian Arbitration Association pursuant to the general
Canadian Arbitration Association Rules for Arbitration. Any Party may serve
notice of its desire to refer a dispute to arbitration. Any arbitration
proceedings shall be held in the City of Toronto, in the Province of Ontario.
The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c. 17,
as amended. The decision arrived at by the arbitrator(s) shall be final and
binding. Judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction. The costs of the arbitrator shall be divided
equally between the parties.
Notwithstanding
the aforementioned mediation and arbitration provisions, in the event that any
dispute or proceeding arising out of or relating to this Platform and under
these Terms of Use will be instituted in the courts of the City of Toronto, in
the Province of Ontario and/or the Federal Court of Canada, and each party
irrevocably submits to the exclusive jurisdiction over you by such courts and
to the venue of such courts.
You
hereby expressly waive any and all claims you may have, now or in the future,
arising out of or relating to this Website, the Company, any and all contracts
you enter into with the Company, and any and all of the Company’s products and
services.
To
the extent that you attempt to assert any such claim, you hereby expressly
agree to present such claim only through binding arbitration to occur in
Ontario, Canada. You further agree to and do hereby waive any right to class
arbitration and agree, instead, to conduct an arbitration related solely to any
individual claims you and/or any entity related to you asserts against the
Company. To the fullest extent permissible by law, you further agree that you
shall be responsible for all costs associated with initiating the arbitration
and for the administration of the arbitration.
INTERNATIONAL
USERS
The
Service is controlled, operated and administered by the Company from our
offices within Ontario, Canada. If you access the Service from a location
outside Ontario, Canada, you are responsible for compliance with all local
laws. You agree that you will not use the Company Content accessed through the
Website in any other jurisdiction in any manner prohibited by any applicable
laws, restrictions or regulations.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless the Company, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys’ fees) relating to or
arising out of your use of or inability to use the Website or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. At your cost, the Company reserves the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
the Company in asserting any available defenses.
TERMINATION
AND ACCESS RESTRICTION
The
Company reserves the right, in its sole discretion, to terminate your access to
the Website and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, you hereby consent to
resolve any and all disputes arising under or related to this Website or the
Terms and Conditions pursuant to the Arbitration Clause above. Use of the
Website is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
NO
JOINT VENTURE OR OTHER RELATIONSHIP
You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and the Company as a result of this agreement or use of the
Website. The Company’s performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of the Company’s right to comply with governmental, court, and law
enforcement requests or requirements relating to your use of the Website or
information provided to or gathered by the Company with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
ENTIRE
AGREEMENT
Unless
otherwise specified herein, this agreement, along with the Privacy
Policy and Disclaimer,
constitutes the entire agreement between the user and the Company with respect
to the Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and the
Company with respect to the Website. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in
English.
CHANGES
TO THE TERMS AND CONDITIONS
We
may revise and update these Terms and Conditions from time to time in our sole
discretion. All changes are effective immediately when we post them, and apply
to all access to and use of the Website thereafter. Your continued use of the
Website following the posting of revised Terms and Conditions means that you
accept and agree to the changes. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you.
The
Company reserves the right, in its sole discretion, to change the Terms under
which the Website is offered. The most current version of the Terms will
supersede all previous versions. The Company encourages you to periodically
review the Terms to stay informed of our updates.
PRIVACY
Your
use of the Website is also subject to the Company’s Privacy
Policy. Please review our Privacy
Policy, which also governs the Website and
informs users of our data collection practices. Your agreement to the Privacy
Policy is hereby incorporated into these Terms
and Conditions.
CONTACT
US
Enabling
Adaptations Inc. welcomes your questions or comments regarding the Terms:
Email
Address: info@enablingadaptations.com
Effective
date: April 25, 2022