Terms of Use for Kathleen Black Coaching

INTRODUCTION
Welcome to www.kathleenblackcoaching.com (referred to as the “KBC website”). The KBC website is owned and operated by Kathleen Black Coaching and Consulting Inc., an Ontario Corporation (“KBC”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE KBC WEBSITE. By using the KBC website, you signify your agreement to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not use the KBC website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms and Conditions of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms and Conditions of Use will control.

PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the KBC website, to understand our privacy practices.
If you are under 18, you may use the KBC website only with the involvement of a parent or guardian. KBC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

CONSIDERATION
You agree that these Terms and Conditions of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the KBC website and data, materials, and information available at or through the KBC website.

RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the KBC website (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the KBC website is our exclusive property, protected by Canadian and international copyright laws, treaties, and conventions. All software used on the KBC website is our property or the property of our software suppliers and protected by Canadian international copyright laws, treaties, and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark”) contained on the KBC website are proprietary to us or our licensors or licensees. KBC’s Marks may not be used in connection with any product or service that is not KBC’s in any manner that is likely to cause confusion among users or that disparages or discredits KBC or anyone else. All other Marks not owned by KBC that appear on the KBC website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KBC.
KBC grants you a limited license to access and make personal use of the KBC website. No Content of the KBC website or any other Internet Site owned, operated, licensed, or controlled by KBC may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark, and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the KBC website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the KBC website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any Mark, Content, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without KBC and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

USE AND PROTECTION OF PASSWORD AND ID.
KBC will assign a password and account ID to you so you can access and use certain areas of the website. Each user who uses such an assigned password and ID shall be deemed to be authorized by you to access and use the KBC website, and KBC shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND KBC, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE KBC WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE KBC WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE KBC WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify KBC of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the KBC website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

SYSTEM REQUIREMENTS.
Use of certain areas of the KBC website requires internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). KBC may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the KBC website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the KBC website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the website may be affected by the performance of the Software, the Device, or your internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all internet access, Software, and Device fees without recourse to KBC.

SUBMISSIONS
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. KBC reserves the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content, or materials that you post or sent to KBC hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to KBC, intentionally or unintentionally, KBC (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. KBC and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to KBC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to KBC; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms and Conditions of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify KBC and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. KBC has the right (but no obligation) to monitor, edit or remove any activity or content involving you. KBC has no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between KBC and that no confidential or fiduciary relationship is intended or created between you and KBC. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the KBC website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

CONTENT LINKED TO THE WEBSITE

You should be aware that when you visit the Kathleen Black Coaching website, you could be directed to other sites beyond our control, including links to or from affiliates and content partners that may use Kathleen Black Coaching’s Marks as part of an affiliate relationship. When you click on a link that directs you away from the Kathleen Black Coaching website, the site to which you are directed may not be controlled by Kathleen Black Coaching, and different conditions of use and privacy policies may apply, which you should carefully read and evaluate. You acknowledge that Kathleen Black Coaching is not responsible for examining or evaluating, and that Kathleen Black Coaching does not warrant the offerings of, any such third party or the content of their sites. Kathleen Black Coaching does not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. Kathleen Black Coaching reserves the right to disable links from or to third-party sites, although Kathleen Black Coaching is under no obligation to do so.

DISCLAIMER OF WARRANTIES

The content on the Kathleen Black Coaching website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, Kathleen Black Coaching disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the Kathleen Black Coaching website or the servers that make such content available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair, or correction of any of your equipment or software. Kathleen Black Coaching makes no representations or warranties regarding the use or the results of use of any content, product, or service contained on or offered, made available through, or otherwise related in any way to the Kathleen Black Coaching website, including, without limitation, any third-party site or service linked to from the Kathleen Black Coaching website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability, or safety).

Kathleen Black Coaching explicitly disclaims any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites that link to or from the Kathleen Black Coaching website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the Kathleen Black Coaching website or third-party information, content, or materials contained on the Kathleen Black Coaching website. Kathleen Black Coaching does not endorse any of the merchandise, nor has Kathleen Black Coaching taken any steps to confirm the accuracy, completeness, or reliability of any of the information, content, or materials contained on any third-party website. Kathleen Black Coaching does not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against Kathleen Black Coaching with respect to information, content, and materials contained on the Kathleen Black Coaching website (including, without limitation, user-generated content), on third-party sites, and any information, content, and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Kathleen Black Coaching, and our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability, and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with, or related to any breach or alleged breach by you of these Terms and Conditions of Use. You shall use your best efforts to cooperate with Kathleen Black Coaching in the defense of any claim. Kathleen Black Coaching reserves the right, at Kathleen Black Coaching’s own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

LIMITATION OF LIABILITY

Under no circumstances (including negligence) shall Kathleen Black Coaching be liable to you or anyone else for any direct, indirect, incidental, special, or consequential damages (including lost profits), personal injury (including death), or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the Kathleen Black Coaching website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the Kathleen Black Coaching website or anyone else, even if Kathleen Black Coaching has been advised of the possibility of such damages. In no event shall Kathleen Black Coaching’s total liability to you for all loss, cost, damage, liability, or expense (including attorney’s fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence), or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $100.00.

Under no circumstances shall Kathleen Black Coaching or any of the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond Kathleen Black Coaching’s or their control, including, without limitation, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither Kathleen Black Coaching nor any other Indemnified Party is responsible or liable for: (a) any incompatibility between the Kathleen Black Coaching website and any site, service, software, or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the Kathleen Black Coaching website.

The limitations, exclusions, and disclaimers herein and elsewhere in these Terms and Conditions of Use apply to the maximum extent permitted by applicable law. Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these Terms and Conditions of Use, so such exclusions, limitations, or disclaimers may not apply to you.

AMENDMENT

Kathleen Black Coaching reserves the right, in our sole discretion, to change, modify, add or delete portions of these Terms and Conditions of Use at any time without notice, and it is your responsibility to review these Terms and Conditions of Use for any changes. Kathleen Black Coaching’s use of the Kathleen Black Coaching website following any change to these Terms and Conditions of Use will constitute your assent to and acceptance of the revised Terms and Conditions of Use.

TERMINATION

These Terms and Conditions of Use are effective until terminated by either you or Kathleen Black Coaching. You may terminate these Terms and Conditions of Use prospectively at any time by discontinuing your access to and use of the Kathleen Black Coaching website and destroying all materials obtained from the Kathleen Black Coaching website and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions of Use or otherwise. If you terminate these Terms and Conditions of Use, you shall notify Kathleen Black Coaching by sending notice of such termination by certified Canadian mail to:

Kathleen Black Coaching

622 Simcoe St. N

Oshawa, ON

L1G 4V4

Kathleen Black Coaching may terminate these Terms and Conditions of Use (including your access to and use of the Kathleen Black Coaching website) without cause and without notice to you, in Kathleen Black Coaching’s sole discretion. Upon termination, you must cease any access to or use of the Kathleen Black Coaching website and destroy all materials obtained from the Kathleen Black Coaching website and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions of Use or otherwise. Kathleen Black Coaching has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms and Conditions of Use, which by their nature should survive the termination of these Terms and Conditions of Use, shall survive such termination.

RISK OF LOSS, OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here (and on the web pages to which that web page links).

INTERNATIONAL ACCESS

This Site may be accessed from countries other than Canada. This Site may contain products or references to products that are not available outside of Canada. Any such references do not imply that such products will be made available outside of Canada. If you access and use this Site outside Canada, you are responsible for complying with your local laws and regulations.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Notice and Procedure for Making Claims of Copyright Infringement” as follows.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement is as follows:

Kathleen Black Coaching

Attn: Copyright Compliance

622 Simcoe St. N

Oshawa ON

L1G 4V4

APPLICABLE LAW AND DISPUTES (who would handle disputes)

These Terms and Conditions of Use, your rights and obligations, Kathleen Black Coaching’s rights and obligations, and all actions contemplated by these Terms and Conditions of Use, will be governed by the laws of Canada and the Province of Ontario, without regard to principles of conflicts of law and as if these Terms and Conditions of Use were a contract wholly entered into and wholly performed within the Province of Ontario.

Except as otherwise agreed by the parties or as described above, you agree that any claim or dispute you may have against Kathleen Black Coaching must be resolved by a court located in Ontario, Canada. You agree to submit to the personal jurisdiction of the courts located in Ontario, Canada, for the purpose of litigating all such claims or disputes. These Terms and Conditions of Use shall be governed in all respects by the laws of Ontario, Canada.

ELECTRONIC COMMUNICATIONS

When you visit the Kathleen Black Coaching website or send e-mails to Kathleen Black Coaching, you are communicating with Kathleen Black Coaching electronically. You consent to receive communications from us electronically. Kathleen Black Coaching will communicate with you by e-mail or by posting notices on the Kathleen Black Coaching website. You agree that all agreements, notices, disclosures, and other communications that Kathleen Black Coaching provides to you electronically satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS LEGAL PROVISIONS

Kathleen Black Coaching may discontinue the Kathleen Black Coaching website at any time and for any reason, without notice. Kathleen Black Coaching may change the contents, operation, or features of the Kathleen Black Coaching website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kathleen Black Coaching as a result of these Terms and Conditions of Use or your use of the Kathleen Black Coaching website. Nothing contained in these Terms and Conditions of Use is in derogation of Kathleen Black Coaching’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Kathleen Black Coaching website or information provided to or gathered by Kathleen Black Coaching with respect to such use. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Kathleen Black Coaching’s failure to enforce any provision of these Terms and Conditions of Use or respond to a breach by you or others shall not constitute a waiver of Kathleen Black Coaching’s right to enforce any other provision of these Terms and Conditions of Use as to that breach or any other.

If any provision of these Terms and Conditions of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms and Conditions of Use constitute the entire agreement between you and Kathleen Black Coaching regarding the Kathleen Black Coaching website and supersede any prior or contemporaneous agreement regarding that subject matter.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Kathleen Black Coaching

622 Simcoe St. N

Oshawa, ON

L1G 4V4

Have questions? Prefer to order by Phone or Fax? The Kathleen Black Coaching Client Services Team is happy to help.

Contact us by phone at 1- 905-725-6224

or E-mail admin@kathleenblackcoaching.com anytime.