604.724.0353 [email protected]

TERMS OF USE

1. INTRODUCTION

The Website is owned and operated by Carolyn Stern & Associates Inc, doing business as the EI Experience (“Carolyn Stern”)

By visiting our Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which may be updated by us from time to time without notice to you (collectively, including all future amendments, this “Agreement”). If you do not agree to any provisions of this Agreement, then you must not access or use the Website. We reserve the right to change these Terms of Use or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified.

2. WEBSITE USERS

Account Holders, Registration & Password

To access certain features of the Website, including online purchases:

  • you will need a username and password, which you will receive through the Website’s registration process; and
  • we may ask you to provide certain personal information including your gender, birthdate, mailing address and email address, so that you may create an account with us (hereinafter, an “Account Holder”). Our use of any personal information provided by you is governed by the terms of our Privacy Policy.

If you create an account with us, you agree to:

(a)            provide true, accurate and complete information about yourself, as requested. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse continued use of our Website;

(b)            maintain the confidentiality of your password and account – you are solely responsible for all activities (whether by you or by others) that occur under your password or account;

(c)             notify us forthwith of any unauthorized use of your password or account or any other breach of security; and

(d)            ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to protect your password or account information.

We reserve the right, in our absolute and sole discretion, to refuse any person as an Account Holder and to deactivate an Account Holder’s account at any time.

Age Restriction

The Website and products and services contained therein are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understands it.

Interactive Features

Our Website may include a variety of interactive features, such as bulletin boards, web logs, chat rooms, forums, comment fields and email services (collectively, “Interactive Features”), which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. You are solely responsible for anything that you post on our Website, or sent via email to the Website.

You shall use the Interactive Features only to participate on topics related to the purpose, material and content of our Website and you must:

  • let us know about inappropriate content of which you become aware. If you find something that violates our Terms of Use or other rules or guidelines, please let us know, and we’ll review it.
  • not restrict or inhibit any other user from using and enjoying the Website;
  • not interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
  • not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials
  • not over, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
  • not threaten, stalk or harass another Website user;
  • not gather any email addresses or other personal information that has been posted by other users of the Website, whether for marketing purposes or otherwise;
  • not purchase, download or copy any products or services from our Website and use to pirate any content;
  • not gain unauthorized access to the Website, or any account, computer system, or network connected to our Website, by means such as hacking, password mining or other illicit means; or
  • not use the Website to:

(i)       impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(ii)       instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

(iii)       advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; or

(iii)       post or transmit:

  • any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any provincial, federal or international law;
  • any information, software or other material that (x) contains a virus or other harmful component; or (y) violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; or
  • in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

We have no obligation to monitor the Interactive Features, but we reserve the right to: (a) alter, edit, refuse to post or remove any postings or content from posts; and (b) refuse continued access to the Interactive Features for any reason whatsoever, in our sole discretion.

3. ONLINE COMMERCE

Purchases

Every Account Holder who wishes to purchase a product or service through our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.

You agree to be financially bound for all purchases made by you on this Website, which shall be made for legitimate, non-commercial purposes only.

Currency

All sales are billed in UNITED STATES DOLLARS and are subject to all applicable taxes. If you are an international customer, you are responsible for payment of applicable customs duties directly to the carrier.

Delivery

All electronic products will be delivered automatically. We make our best efforts to ship each order of physical goods within 3 business days, but delivery time can vary and we make no promise or guarantee (express or implied) as to the delivery date.

We ship our physical goods from Canada via Canada Post.

Refund Policy

All sales are final.

Communication With Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

4. INTELLECTUAL PROPERTY AND LICENCES

The Website contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Carolyn Stern (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Our Limited License to You

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Carolyn Stern. Carolyn Stern retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Carolyn Stern (the “Carolyn Stern Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Carolyn Stern. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Carolyn Stern Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Carolyn Stern Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other Provincial and Federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

The trademarks, service marks, course names, slogans and phrases, whether registered or unregistered, including without limitation, “LEARN MORE. BE BETTER. TAKE ACTION.”, and any variation thereof, of Carolyn Stern & Associates Inc. displayed on the Website are the property of Carolyn Stern & Associates Inc, doing business as EI Experience.

Your License to Us.

If you post any material on our Website or submit any material to us via our Website, such as comments, photos or videos, you are representing to us that you are the owner of the material and that you are thirteen years of age or older and you are granting us and our agents (a) a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, distribute and display such material and all intellectual property and moral rights therein, to the fullest extent permissible by law, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, and (b) the right to identify you as the author of any of your postings or submissions by name, email address, likeness, photograph or screen name, as we deem appropriate, including without limitation, for advertising and promotional purposes, in our sole discretion. You expressly acknowledge and agree that if you post any material on our Website:

  1. it will be accessible by others, and that you relinquish any right to any expectation of privacy or confidentiality with respect to such material or any personally identifying information; and
  2. you hereby represent, warrant, and covenant that:
    1. you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your content and any other works that you incorporate into your content, and all the rights necessary to grant the licenses and permissions you grant hereunder; and
    2. your content shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.

YOU, AND NOT CAROLYN STERN, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

Prohibition on Linking and Framing.

You may not, without our prior written consent, embed or frame or inline link any of the Website’s contents, or incorporate such contents into another website or other service.

5. DISCLAIMERS & LIMITATION OF LIABILITY

Third Party Links, Products & Sites

From time to time, our Website may allow you to purchase products and services online provided by third parties. We are not responsible for the quality, merchantability, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a third-party merchant on our Website or on a site linked via the Website, any information which you obtain or give (including credit card information) on such merchant’s site may be collected by both the merchant and us. We disclaim all responsibility and liability for (a) such merchant’s privacy policies, data collection practices, terms and conditions of sale and (b) any loss, damage, expenses, costs, claims, actions which you may incur or which may be asserted against you as a result of any dealings with such merchant and you hereby release us from any such loss, damage, expenses, costs, claims, or actions, and you agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through our Website. Sites linked via our Website do not imply an endorsement or sponsorship of such sites or anything offered thereon.

Interactive Features

We expressly disclaim all responsibility and endorsement and we make no representation as to the validity of any opinion, advice, information or statement made or displayed in or on the Interactive Features by third parties, nor are we responsible for any errors or omissions therein, or for hyperlinks embedded in any messages. Under no circumstances will we, our directors, officers, or agents be liable for any loss or damage caused by your reliance on information obtained through the Interactive Features. The opinions expressed in the Interactive Features are solely the opinions of the participants, and do not reflect the opinions of Carolyn Stern & Associates Inc, doing business as EI Experience.

Earnings | Professional Advice

Nothing on our Website, nor any of our courses or products, is a guarantee of earnings, revenue, income or profit. We do not warrant or represent in any way that you will achieve any, or a particular level of, results from our offerings, products or modules. Our programs have been carefully designed based on our years of experience in this field, but results vary by individual and depend on a number and variety of factors beyond our control, such as your skill, education, dedication, business savvy and network of contacts. We offer no professional legal, accounting, psychological, medical or financial advice.

Compliance with Applicable Laws

The Website is based in Canada. We make no claims concerning whether the content available on our Website may be downloaded, viewed, or be appropriate for use outside of Canada. If you access the Website or its Contents from outside of Canada, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Use of Website

You hereby acknowledge and agree that you access and use our Website and its contents at your own risk. To the fullest extent permitted by law, we shall not be liable for:

  • any direct, indirect, incidental, special or consequential or inconsequential damages (including without limitation, lost profits, or damages resulting from lost data or business interruption) that result from the use of, or the inability to use, the Website, including materials, products or services on, obtained from or via our Website;
  • any failure by you to obtain a desired level of earnings, revenue, income or profit; or
  • any defamatory, offensive or illegal conduct of any user or visitor to our Website, including any Account Holder.

You hereby acknowledge that if you are disagree with, are offended by, or are dissatisfied with the Website, any materials, products or services on or offered through the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website and such materials, products and services.

Operation of Website

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THE INFORMATION, PRODUCTS, PROGRAMS AND SERVICES OFFERED ON OR VIA THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

We do not warranty or represent in any way that:

  • the Website shall operate without interruption or error-free;
  • the Website, its server, or the content thereon are free of computer viruses or similar contamination or destructive features; or
  • Website defects will be corrected.

To the fullest extent permitted by law, we shall not be liable for: (a) any delays or interruptions of the Website; or (b) any costs, expenses or losses resulting from the need for servicing or replacing computer equipment or data.

6. INDEMNITY & LIMITATION OF LIABILITY

You agree at all times to defend, indemnify and hold us, our directors, officers, agents, shareholders, employees, licencees, successors and assigns (collectively, with us, the “Indemnitees”), harmless from and against any and all claims, causes of action, damages, liabilities, losses, demands, fees, costs and expenses (including without limitation, legal fees and disbursements), suffered by the Indemnitees or incurred by the Indemnitees, arising out of or in connection with or related to:

  • your breach of any obligation, warranty, representation or covenant set forth in this Agreement;
  • any material posted by you on the Website (including on the Interactive Features), or submitted by you to us which we post on our Website; or
  • your access to, use or misuse of the Website or any material on or accessed via the Website; or
  • your violation of any third-party rights, including without limitation, any copyright, trademark, property or privacy right.

We reserve the right to assume exclusive conduct (at your expense) of any matter that is subject to indemnification under this section and you agree to cooperate with any reasonable requests assisting our defence of such matter.

7. MISCELLANEOUS

Governing Law

This Agreement will be governed by and construed exclusively and solely in accordance with the laws, other than choice of law rules, of the Province of British Columbia. Any matter regarding the interpretation and application of this Agreement, and all disputes arising under or in connection with this Agreement will be within the sole and exclusive jurisdiction of the courts of British Columbia. The parties irrevocably agree to and hereby accept and attorn to the exclusive jurisdiction of the Courts of British Columbia for any and all claims that they may have related in any way to this Agreement and all disputes relating to or arising under this Agreement, and the parties irrevocably covenant and agree not to commence any action or bring any claim in any other forum relating in any way to this Agreement or its renewal or non-renewal or any dispute relating to or arising under this Agreement.

Dispute Settlement

In the event of a dispute arising under or relating to this Agreement or any product or service offered via the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Commercial Arbitration Act (British Columbia) (the “Act”). Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court. Notwithstanding the foregoing, either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction. All disputes shall be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the Act. Each party will be responsible for paying its own filing, administrative, and arbitrator fees in accordance with the Act.

Successors, etc.

This Agreement shall extend to and enure to the benefit of Carolyn Stern & Associates Inc. and its successors, assigns and licensees and shall be binding upon you and your heirs, executors, administrators and legal representatives.

Severability.

If any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Failure to Act

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Headings

The headings appearing in this Agreement have been inserted for reference and as a matter of convenience only and in no way define, limit or enlarge the scope or meaning of this Agreement or any of its provisions.

Copyrighted by Carolyn Stern & Associates Inc., doing business as EI Experience. All rights reserved.