Effective date: August 2017
The services and products provided by Sarah Blick through WELL-BEING WIZARDRY LTD. are designed to help individuals make the changes they wish in their own lives. By paying for a service or product either in full or in part, these individuals understand that they take full responsibility for their own progress and results, and for any actions they take as a result of using WELL-BEING WIZARDRY LTD.’s services and products. Given that Sarah Blick has no control over the individuals who buy her products and services, WELL-BEING WIZARDRY LTD. cannot guarantee a particular outcome, and is not liable for any loss, damage or other expense which individuals may suffer following their use of the services or products provided through WELL-BEING WIZARDRY LTD.
TERMS AND CONDITIONS
All material contained within the site, and in all documents available to download through this site, are the express intellectual property of WELL-BEING WIZARDRY LTD., and cannot be distributed or shared, in whole or in part, without express permission.
USE OF THE SITE AND SERVICES AND PRODUCTS:
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service and other information are subject to change. WELL-BEING WIZARDRY LTD. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. WELL-BEING WIZARDRY LTD. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Services or Products, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to WELL-BEING WIZARDRY LTD. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services or Products, violate any laws in your jurisdiction.
You may use the Site and Services and Products for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE:
The Services and Products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Services or Products, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS:
All digital purchases are final, and no refunds will be provided once payment has gone through. The terms and conditions for cancellations, refunds, and returns for services are found on the individual service contracts.
We endeavour to describe and display the Services and Products as accurately as possible. While we try to be as clear as possible in explaining the Services and Products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE:
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS:
We claim no intellectual property rights over the material you supply to. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to WELL-BEING WIZARDRY LTD. remains yours to the extent that you have any legal claims therein. You agree to hold WELL-BEING WIZARDRY LTD. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY:
The Site and Service contain intellectual property owned by WELL-BEING WIZARDRY LTD., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service or Product content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services or Products by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services and Products, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY:
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WELL-BEING WIZARDRY LTD. OR SARAH BLICK ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WELL-BEING WIZARDRY LTD. OR SARAH BLICK HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WELL-BEING WIZARDRY LTD.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WELL-BEING WIZARDRY LTD., AND IF NO PURCHASE HAS BEEN MADE BY YOU WELL-BEING WIZARDRY LTD.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES:
The Site and the Services and Products may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with WELL-BEING WIZARDRY LTD. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services or Products. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS:
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER:
This Agreement constitutes the entire agreement between you and WELL-BEING WIZARDRY LTD. pertaining to the Site and Services and Products and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by WELL-BEING WIZARDRY LTD. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by WELL-BEING WIZARDRY LTD.
All notices, requests, demands, and other communications under this Agreement shall be in writing and made to the following address:
WELL-BEING WIZARDRY LTD., 53-2406 Queens St E, Toronto, ON M1N 1A2, Canada
GOVERNING LAW; VENUE; MEDIATION:
This Agreement shall be construed in accordance with, and governed by, the laws of the province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ontario, Canada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, according to a mutually-agreed mediation procedure. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES:
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub- licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Effective date: August 2017
We collect information from you:
We do this whenever you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. The information we ask you for depends on how you are interacting with www.agingdisgracefullywell.com; it will include your name and e-mail address, and, if appropriate, your mailing address, phone number or credit card information. You may, however, visit our site anonymously.
We use this information in a few ways:
If you’ve signed up for or ordered one of our services or products, we will contact you, usually a few times, to give you further details about the service(s)/product(s); we may also need to contact you if there’s a problem with the transaction. After you have used the service you signed up for or ordered, we will ask you if you would like to receive further emails from us – we will not contact you again unless you opt-in or sign up for/order another service.
If you have opted in, we may contact you periodically: to tell you about a new service we’re offering which we feel may be of interest; to help us improve our services or website content; to personalize your experience; to improve our customer service; or even with details of a contest or promotion, if we run one.
If, at any time, you would like to unsubscribe from receiving future emails, we include clear unsubscribe instructions at the bottom of each email.
We do not disclose your information to outside parties:
We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties on whom we rely to operate our website, conduct our business, or service you, as long as those third parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety.
We go to some lengths to protect your information:
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will not be kept on file for more than 30 days.
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We are not responsible for links to third party sites:
If we feel it will be benefit you in some way, we may include links to or offer select third party products or services on our website. These third party sites have separate and independent privacy policies, so you’ll understand that we cannot be responsible or liable for the content and activities of these linked sites. If you have any concerns about any of the third party sites featured on our site, please let us know at firstname.lastname@example.org.
We comply with the Children’s Online Privacy Protection Act:
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), and do not collect any information from anyone under 13 years of age. Our website, products and services are all aimed at people who are 18 years of age or older.
If you use our site, you consent to our policies and rules:
Please contact us with your questions:
This policy and the use of this Site is governed by laws of Ontario, Canada. If a dispute arises under this Policy, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Canada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
2017 Well-Being Wizardry Ltd. All rights reserved.