TERMS AND CONDITIONS/TERMS
Date of last revision: June 17, 2021
In using Claudia Coulombe’s Site you accept to be bound to the following Terms and Conditions:
DO NOT CONTINUE TO USE THE CLAUDIA COULOMBE WEBSITE IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS AND THE TERMS OF AGREEMENT STATED ON THIS PAGE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS THEN YOU ARE PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY. THANK YOU FOR YOUR COMPREHENSION.
1.1 AGREEMENT TO TERMS.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Website”, “Site”, and “Us”, refers to www.claudiacoulombe.com. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
These Terms and Conditions (“Terms and Conditions”) and (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Claudia Coulombe website (“we,” “us” or “our”), concerning your access to and use of the https://www.claudiacoulombe.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understand, and agree to be bound by all of these Terms and Conditions.
1.2 OUR TERMS AND CONDITIONS MAY CHANGE.
We reserve the right to make changes or modifications to these Terms and Conditions at any time and for any reason. We will notify you about any changes made in our Terms and Conditions by updating the “Date of last revision” date of these Terms and Conditions and by posting the Terms and Conditions on the Site at least 30 days before the effective date of the change. If you have provided us with your e-mail address we will also notify you of any change or modifications by sending you an e-mail at least 30 days before the effective date of the change to the e-mail address you most recently provided to us. We encourage you to promptly notify us of any changes to your e-mail address, so that you may receive any notices we send to you regarding changes or modifications to these Terms and Conditions. If you do not agree to the new Terms and Conditions, you should stop using the Site. Otherwise, the new Terms and Conditions will take effect after 30 days.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
You are only eligible to use our site if you are 18 years of age or older or if you have consent from your parent or legal guardian. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or legal guardian read and agree to these Terms and Conditions prior to you using the Site.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
5.0 INTELLECTUAL PROPERTY RIGHTS.
Except for the “User Generated Content” or “Contributions” (defined below), all of the content including all source code, scripts, databases, functionality, software, website designs, audio, videos, text, photographs, stickers, animation, news stories, articles, interactive features, sounds, music, sketches, applications, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by the Claudia Coulombe Site or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Using our intellectual property without permission or a license is an infringement and is actionable under law.
Provided that you are eligible to use the Site, you are granted a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. Claudia Coulombe’s site reserves the right to take down any Content in violation of these Terms and Conditions or Claudia Coulombe’s intellectual property rights. The Claudia Coulombe Site allowing you this limited use does not constitute a waiver of any of Claudia Coulomber’s rights to the Content.
You agree to not use, copy, edit, display, distribute, download, translate, transmit, sell, create derivative works of, or in any way exploit any Content including User Generated Content or Contributions (unless it’s your own User Generated Content or Contributions that you legally post on the site).
6.0 USER-GENERATED CONTENT.
The Site may allow you to post photos, videos, comments, chat, contribute to, or post in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, post, submit, display, transmit, publish, perform, distribute, or broadcast Content to us or on the Site including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively “Contributions”) which we refer to as “User-Generated Content” or “Contributions”. Claudia Coulombe may, in its sole discretion, remove any User Generated Content or “Contributions” at any time. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(A) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
(B) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions;
(C) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions;
(D) your Contributions are not false, inaccurate, or misleading;
(E) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
(F) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
(G) your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone;
(H) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
(I) your Contributions do not violate any applicable law, regulation, or rule;
(J) your Contributions do not violate the privacy or publicity rights of any third party;
(K) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
(L) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
(M) your Contributions do not otherwise violate or link to material that violates any provision of these Terms and Conditions, or any applicable law or regulation;
(N) your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
7.0 GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(A) You should have firsthand experience with the person/entity being reviewed;
(B) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(C) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(D) your reviews should not contain references to illegal activity;
(E) you should not be affiliated with competitors if posting negative reviews;
(F) you should not make any conclusions as to the legality of conduct;
(G) you may not post any false or misleading statements;
(H) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
8.0 RULES FOR USER REGISTRATION.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You are responsible for anything that happens through your Claudia Coulombe account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CLAUDIA COULOMBE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR CLAUDIA COULOMBE ACCOUNT.
You agree to the following user registration rules:
(A) You must provide accurate and current registration information;
(B) you must keep your registration personal;
(C) you must not register for more than one Claudia Coulombe account;
(D) you must not register a Claudia Coulombe account on behalf of someone else;
(E) you must not transfer your Claudia Coulombe account;
(F) you must keep your username, password, and login credentials secure;
(G) you must not allow anyone else to use your Claudia Coulombe account.
9.0 USER REPRESENTATIONS.
By using the Site, you represent and warrant that:
(A) All registration information you submit will be true, accurate, current, and complete;
(B) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(C) you have the legal capacity and you agree to comply with these Terms and Conditions;
(D) you are not under the age of 18;
(E) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(F) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(G) you will not use the Site for any illegal or unauthorized purpose;
(H) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
10.0 PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
(A) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(B) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(C) use a buying agent or purchasing agent to make purchases on the Site;
(D) use the Site to advertise or offer to sell goods and services;
(E) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
(F) engage in unauthorized framing of or linking to the Site;
(G) if you trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
(H) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(I) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
(J) attempt to impersonate another user or person or use the username of another user;
(K) sell or otherwise transfer your profile;
(L) use any information obtained from the Site in order to harass, abuse, or harm another person;
(M) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise;
(N) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
(O) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
(P) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
(Q) delete the copyright or other proprietary rights notice from any Content;
(S) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
(T) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1-pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
(U) except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
(V) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
(W) use the Site in a manner inconsistent with any applicable laws or regulations.
11.0 SOCIAL MEDIA.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. CLAUDIA COULOMBE AND THE SITE ARE NOT RESPONSIBLE FOR THE CONTENT, POLICIES, OR ACTIVITIES OF THIRD PARTIES AND YOU INTERACT WITH THIRD PARTIES AT YOUR OWN RISK.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13.0 THIRD-PARTY WEBSITES AND CONTENT.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14.0 SITE MANAGEMENT.
We reserve the right, but not the obligation, to:
(A) Monitor the Site for violations of these Terms and Conditions;
(B) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(C) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(D) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(E) otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
15.0 COPYRIGHT INFRINGEMENT.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Consult your legal advisor before filing a notice because there may be penalties for false claims. Thus, if you are not sure that material located on or linked to the Site infringes your copyright, you should consider first contacting an attorney.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below “A Notification”. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please include the following in your Notification:
- Your name, address, telephone number, e-mail address, and an electronic or physical signature of the copyright owner or the person authorized to act on his/her behalf;
- a description of the copyrighted work that you claim has been infringed;
- a description of where on the site that content that you claim is infringing is located;
- a written statement that you have good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law and;
- a statement by you, made under penalty of perjury (depending on applicable law), 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.
Send copyright infringement complaints to email@example.com with the subject line “Copyright Infringements Notification”.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17.0 FORCE MAJEURE.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
(A) strikes, lock-outs, or other industrial action;
(B) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(C) fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters;
(D) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
(E) impossibility of the use of public or private telecommunications networks;
(F) the acts, decrees, legislation, regulations, or restrictions of any government; and
(G) quarantines, pandemic, or epidemic.
18.0 MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20.0 DISCLAIMER OF WARRANTIES AND DAMAGES: LIMITATION OF LIABILITY.
This site does not provide medical advice. The contents of Claudia Coulombe’s site, such as text, graphics, images, information obtained from Claudia Coulombe’s licensors, and other material contained on the Claudia Coulombe Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified professional health providers with any questions you may have regarding a medical condition or your mental health. Never disregard professional and/or medical advice or delay in seeking it because of something you have read on Claudia Coulombe’s Site.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. OUR SITE MAY INCLUDE FEATURES THAT PROMOTE PHYSICAL ACTIVITY AND GENERAL WELLNESS, THEY ARE FOR YOUR INFORMATION ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE OR SERVICES, OR FOR DIAGNOSTIC OR TREATMENT PURPOSES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22.0 USER DATA.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23.0 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24.0 GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Québec and the laws of Canada applicable therein and the Guarantor hereby irrevocably attorns to the jurisdiction of the courts of Québec. All users consent to being governed by Canadian Law.
25.0 AMAZON AFFILIATE LINKS.
Claudia Coulombe is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
The pages on our Site which hold Amazon affiliate links will have a disclaimer stating that we make a commission through the links (at no extra cost to you) on that specific page.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site.
You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
If you need to reach us concerning our Terms and Conditions please contact firstname.lastname@example.org with the subject line, “Terms and Conditions”.