Web Site Terms and Conditions of Use
Last Updated: July 1, 2026
“The Truffle Box” is owned and operated by Jamie Sullivan, sole proprietor, carrying on business as The Truffle Box.
Jamie Sullivan, sole proprietor, carrying on business as The Truffle Box (“The Truffle Box,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, jamiesullivan.com and thetrufflebox.gift, and any related course, checkout, community, membership, or online spaces that we operate or make available to you (the “Websites”).
We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time. By browsing the public areas or by accessing or using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (together, this “Agreement”). If you do not agree to any of these terms, do not use the Websites.
Any user who registers with us (each, a “Registered User”) or wishes to purchase, access, or participate in a product, course, service, class, membership, community, professional training, facilitator training, licensing opportunity, or other offering through one of our Websites is agreeing to the terms of this Agreement plus any accompanying Terms and Conditions of Purchase, checkout terms, refund policy, community rules, course terms, professional terms, licensing terms, or other written terms that apply to that product or service. In the event of any conflict between the terms of this Agreement and the specific terms for a product, service, course, membership, community, professional training, facilitator training, or licensing opportunity, the more specific terms shall control, subject to applicable law.
THE SECTIONS BELOW TITLED “DISPUTE RESOLUTION” AND “CLASS ACTION WAIVER” CONTAIN IMPORTANT TERMS ABOUT HOW DISPUTES MAY BE RESOLVED. THEY MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
Description and Use of Our Websites
We provide Visitors and Registered Users with access to the Websites and related services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors may: (i) view publicly available content on the Websites; and (ii) contact us.
Registered Users. Registered Users may do all the things that Visitors can do, plus, where applicable: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments or other content on the Websites or in community spaces (collectively, “Registered User Content”); (v) sign up for our programs, classes, courses, memberships, communities, or other offerings; (vi) sign up for alerts, reminders, emails, or other notifications; and (vii) become part of The Truffle Box community, where available.
The Truffle Box is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion, subject to applicable law. In addition, The Truffle Box may deactivate, suspend, or terminate any account or access at any time for any reason, including, without limitation, if we believe that a Registered User has violated these Terms of Use, the Privacy Policy, any purchase terms, any community rules, or any other applicable terms.
Eligibility and Restrictions
The Websites 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 legal guardian to make sure that you and your parent or legal guardian understand it and consent to your use of the Websites.
Some products, services, courses, communities, professional trainings, facilitator trainings, licensing opportunities, live offerings, or other areas of The Truffle Box may be intended only for adults, professionals, approved participants, or people who meet specific eligibility requirements. We reserve the right to restrict access to certain offerings where appropriate.
You agree that you will not use the Websites or any Content for any unlawful purpose, to violate any third-party rights, to interfere with the functioning of the Websites, to access restricted areas without permission, or to copy, scrape, republish, misuse, resell, exploit, or interfere with The Truffle Box, its Content, its community spaces, or its users.
No Professional Advice; No Therapeutic, Medical, or Emergency Relationship
Unless we have entered into a separate written agreement with you that expressly says otherwise, the Websites, Content, courses, downloads, communities, memberships, classes, live sessions, recordings, emails, materials, and other offerings are provided for educational, creative, personal-development, reflective, informational, community, or professional-learning purposes, depending on the specific offering.
Use of the Websites or Content does not create a therapist-client, counsellor-client, doctor-patient, healthcare provider-patient, fiduciary, supervisory, advisory, professional-client, or other professional relationship between you and The Truffle Box, Jamie Sullivan, or any of our employees, contractors, service providers, facilitators, licensees, collaborators, or professional advisors, where applicable, unless a separate written agreement clearly establishes such a relationship.
The Content is not a substitute for medical, mental health, legal, financial, business, tax, or other professional advice, diagnosis, treatment, supervision, or services. You are responsible for seeking appropriate professional support for your own circumstances.
The Truffle Box does not provide emergency, crisis, or urgent-response services through the Websites, courses, communities, emails, forms, comments, or live/group spaces. If you need immediate support, contact local emergency services or an appropriate qualified professional in your area.
We do not guarantee any particular result, outcome, transformation, healing, income, business result, emotional result, relationship result, professional result, or life result from your use of the Websites, Content, products, courses, communities, or services.
Community Guidelines
The Truffle Box community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, community spaces, course spaces, member spaces, live sessions, comments, or other interactive areas, you agree to comply with these community guidelines (the “Community Guidelines”).
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose.
You will not upload, post, email, transmit, share, or otherwise make available any content that:
Infringes any copyright, trademark, right of publicity, privacy right, moral right, proprietary right, or other right of any person or entity;
Is defamatory, libelous, obscene, exploitative, invasive of another’s privacy, promotes violence, or contains hate speech, including speech that attacks or demeans a group based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, or any other protected characteristic;
Discloses sensitive, private, confidential, identifying, financial, health, or contact information about another person, including that person’s email address, postal address, phone number, credit card information, account information, personal story, or similar information, without permission;
Harasses, threatens, bullies, intimidates, stalks, exploits, impersonates, manipulates, or otherwise harms another person;
Encourages unlawful, unsafe, or harmful conduct;
Contains spam, unauthorized advertising, unauthorized solicitation, or commercial activity not approved by us;
Shares, copies, distributes, or exposes private community content, course content, participant content, live-call content, recordings, screenshots, or private communications outside the setting where they were shared;
Provides or pretends to provide professional, medical, mental health, legal, financial, therapeutic, or other regulated advice unless you are qualified to do so and authorized within the setting;
Uses the Websites, Content, courses, downloads, recordings, written materials, transcripts, community materials, or other materials to train, fine-tune, prompt, test, evaluate, scrape for, extract into, or build artificial intelligence systems, machine-learning models, datasets, summaries, derivative works, competing products, or related tools or services without our express written permission; or
Otherwise violates this Agreement, any applicable purchase terms, any community rules, or the spirit of a safe and respectful Truffle Box space.
You will not access or use the Websites to collect market research for a competing business, collect leads, solicit our users, copy our community structure, copy our offerings, scrape content, or build a competing product or service.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software, routine, hacking, password mining, data mining, scraping, or any other means.
You will not cover, obscure, block, or interfere with any advertisements, notices, disclaimers, copyright notices, security features, access controls, or safety features on the Websites.
You will not use any robot, spider, scraper, crawler, automated tool, artificial intelligence tool, extraction tool, or other automated means to access, copy, collect, summarize, reproduce, analyze, train on, or otherwise use the Websites or Content for any purpose without our express written permission. However, we grant operators of public search engines permission to use spiders to copy materials from the public portions of the Websites solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches, archives, datasets, training sets, or substitute versions of the materials.
You will not take any action that imposes or may impose, in our sole and absolute discretion, an unreasonable or disproportionately large load on our technical infrastructure.
You will let us know about inappropriate content of which you become aware. If you find something that may violate our Community Guidelines, please let us know. We may review and respond as we consider appropriate.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites or any portion of the Websites, suspend or terminate your account or access, remove content, or take any other reasonable action if we believe that you have violated these Community Guidelines or any other part of this Agreement.
Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, we may ask you to create an account, which may include a sign-in name (“Sign-In Name”), a password (“Password”), and certain additional information that will assist in authenticating your identity when you log in in the future (“Unique Identifiers”).
When creating your account, you must provide true, accurate, current, and complete information.
Each Sign-In Name and corresponding Password may be used by only one Registered User. Sharing your access credentials with others, especially if they are using your credentials to access our proprietary Content, purchased Content, courses, memberships, communities, recordings, downloads, or other restricted materials, is a material breach of this Agreement.
You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, purchases, communications, comments, posts, or other activity entered through the Websites using one or more of them.
You will promptly inform us of any need to deactivate a Password or Sign-In Name, change any Unique Identifier, or address a potential breach of account security.
We reserve the right to delete, change, suspend, or deactivate your Password, Sign-In Name, Unique Identifier, account, or access at any time and for any reason, subject to applicable law, and shall have no liability to you for any loss or damage caused by such action.
Fees, Payment, Refunds, and Cancellations
As consideration for any purchase you make on the Websites, you shall pay The Truffle Box all applicable fees and taxes. We, or our third-party payment processor, shall authorize your credit card, bank account, or other approved payment facility you provided during the registration or checkout process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
All payments will be charged and made in U.S. dollars unless otherwise stated at checkout or in the applicable purchase terms.
You must provide current, complete, and accurate billing and payment information. You must promptly update all billing information, such as billing address, card number, and expiration date, to keep your account current, complete, and accurate.
You must promptly contact us if your payment method is lost or stolen, if you become aware of a potential breach of account security, or if you become aware of an unauthorized disclosure or use of your Sign-In Name, Password, account, or payment information.
You hereby authorize The Truffle Box and/or our third-party payment processor to obtain or determine updated or replacement expiration dates or payment details for your payment method in the event that the payment method you provided expires or is replaced, where permitted by law and by the applicable payment processor.
You authorize us and/or our third-party payment processor to charge any renewal or replacement payment method issued to you to the same extent as any expired, updated, renewed, or replaced payment method, where permitted by law.
If your purchase includes a subscription, membership, recurring payment, renewal, or payment plan, the applicable price, billing frequency, number of payments, renewal terms, cancellation terms, and access terms should be stated at checkout or in the applicable purchase terms. By completing the purchase, you authorize us and/or our third-party payment processor to charge the applicable amounts according to those terms, subject to applicable law.
Unless otherwise stated in the applicable purchase terms, cancelling a subscription or membership stops future recurring charges but does not automatically refund amounts already paid. Unless otherwise stated in the applicable purchase terms, a payment plan is a commitment to pay the full purchase price in the scheduled installments and is not cancelled merely because you stop accessing the product or service, subject to applicable law.
If payment is not received from your credit card issuer, bank, or payment provider, you hereby agree to pay all amounts due upon demand.
You agree to pay all reasonable costs of collection, including legal fees and costs, on any outstanding balance, where permitted by law.
In certain instances, the issuer of your credit card, bank, or payment provider may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank, credit card issuer, and payment provider for details.
Refunds, cancellations, access terms, payment plans, subscription terms, renewal terms, and delivery terms may vary by product or service and may be set out at checkout, on the applicable product page, in the applicable Terms and Conditions of Purchase, or in other written terms provided to you. Except where required by applicable law or expressly stated in the applicable purchase terms, all fees are non-refundable once paid, and your access to digital products, courses, recordings, communities, memberships, or services may begin immediately or as described at purchase.
Nothing in this Agreement limits any cancellation, refund, chargeback, or consumer-protection rights that cannot legally be waived under applicable law.
Course Access, Digital Products, Communities, and Availability
When you purchase or receive access to a digital product, course, class, recording, download, membership, community, live session, or other offering, you receive only the access rights expressly described at the time of purchase or registration. Unless expressly stated otherwise, access is personal, limited, revocable, non-transferable, and for your own personal, non-commercial use.
Your purchase includes only the specific products, services, access, materials, features, and support expressly described on the applicable product page, checkout page, receipt, or written purchase terms at the time of purchase.
We may update, revise, move, replace, suspend, discontinue, or remove any Website, Content, course, community, membership, feature, recording, download, or service at any time, subject to applicable law and any specific purchase terms that apply.
We do not guarantee that any particular Website, platform, course, community, recording, download, product, service, or feature will be available indefinitely, uninterrupted, error-free, or available in every location. We may rely on third-party platforms, service providers, payment processors, email tools, course platforms, community platforms, video tools, and hosting providers, and we are not responsible for outages, interruptions, errors, changes, data loss, platform changes, or service failures outside our reasonable control.
You are responsible for having the equipment, internet connection, software, account access, and technical ability needed to access digital products, course materials, community spaces, live calls, recordings, downloads, emails, and other online materials.
Intellectual Property
The Websites contain material such as videos, coursework, lesson plans, training modules, written materials, frameworks, names, concepts, practices, exercises, worksheets, rituals, recordings, audio files, photographs, software, text, graphics, images, sound recordings, transcripts, community materials, downloads, designs, logos, marks, and other material provided by or on behalf of The Truffle Box (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under Canadian and international copyright, trademark, and other intellectual property laws. Unauthorized use of the Content is a violation of those laws and may give the rights holder the right to pursue legal remedies against you.
Visitors may view publicly available Content for their own personal, non-commercial use.
Registered Users who have purchased or been granted access to any product or service may download, access, stream, print, or view the Content contained in such purchased or accessed product or service only to the extent expressly permitted by us or by the applicable purchase terms, and only for their own personal, non-commercial use unless we expressly agree otherwise in writing.
Other than the limited rights expressly granted above, you have no rights in or to the Content, other than your own Registered User Content that you post to the Websites. No other use is permitted without the prior written consent of The Truffle Box. The Truffle Box 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, rent, lend, share, modify, reproduce, display, publicly perform, make a derivative version of, distribute, publish, upload, download in bulk, scrape, copy, train artificial intelligence systems on, summarize for commercial purposes, create derivative products from, or otherwise use the Content in any way for any public, commercial, competitive, or unauthorized purpose.
You may not use the Content, Websites, courses, downloads, recordings, written materials, transcripts, community materials, or other materials to train, fine-tune, prompt, test, evaluate, scrape for, extract into, or build artificial intelligence systems, machine-learning models, datasets, summaries, derivative works, competing products, or related tools or services without our express written permission.
The use or posting of the Content on any other website, social media page, online platform, file-sharing system, artificial intelligence system, networked computer environment, community, course, training, database, or other public or private system for any unauthorized purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately stop using the Content and destroy any unauthorized copies you have made of the Content.
The trademarks, service marks, names, course names, product names, logos, designs, taglines, and brand elements of The Truffle Box used and displayed on the Websites are registered or unregistered trademarks, service marks, trade names, or brand assets of The Truffle Box (the “Truffle Box Trademarks”). Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Truffle Box Trademarks, the “Trademarks”). Nothing on the Websites 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 we approve the establishment of such a link in advance and in writing. All goodwill generated from the use of the Truffle Box Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, copyright, and other provincial, federal, and international laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, framing, mirroring, scraping, embedding, copying, training, or imitation. None of the Content may be retransmitted without our express written consent for each and every instance.
You may link to publicly available pages on our Websites in a fair and lawful way that does not mislead, imply endorsement, damage our reputation, or bypass payment, access controls, or restrictions. You may not deep link to restricted, paid, private, member-only, course, download, checkout, recording, or community content without our express written permission.
Registered User Content; Licenses; Testimonials
As noted above, the Websites may provide Registered Users the ability to post, upload, comment, submit, or share Registered User Content. You expressly acknowledge and agree that once you submit Registered User Content for inclusion into the Websites, community spaces, course spaces, group spaces, comment areas, or other interactive areas, it may be accessible by others depending on the setting. You agree that there is no guarantee of confidentiality or privacy with respect to any Registered User Content you post or share in public, group, community, course, live, comment, or similar settings, including any personally identifying information that you choose to make available.
YOU, AND NOT THE TRUFFLE BOX, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, SHARE, OR OTHERWISE TRANSMIT VIA THE WEBSITES OR RELATED SPACES.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. However, by submitting, posting, uploading, or sharing Registered User Content through the Websites or related spaces, you grant us and our service providers a non-exclusive, worldwide, royalty-free license to host, store, copy, reproduce, display, format, transmit, modify for technical purposes, and otherwise use such Registered User Content as reasonably necessary to operate the Websites, provide the relevant products and services, make the content available in the setting where you shared it, provide customer support, maintain records, protect our rights, enforce this Agreement, and comply with applicable law.
To the extent permitted by law, you waive or agree not to assert any moral rights in your Registered User Content only to the extent necessary for us to use the Registered User Content for the limited purposes described in this section.
We will not intentionally publish your identifying personal story, testimonial, image, private message, or sensitive personal details for marketing purposes without your permission, except where otherwise permitted or required by law.
If you voluntarily submit a testimonial, review, endorsement, story, screenshot, image, or feedback specifically for public use or marketing use, you grant us permission to use it in the manner agreed at the time of submission or approval, subject to any written limits we agree to.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to The Truffle Box that such Registered User Content is your original creation, or that you otherwise have the right to provide the Registered User Content; that you have the rights necessary to grant the license to the Registered User Content under this Agreement; and that it and its use by The Truffle Box as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, contractual, moral, or other rights of any person or contain any unlawful, defamatory, obscene, harmful, or otherwise prohibited material or content that violates our Community Guidelines.
Communications with Us
Although we encourage you to contact us, we do not want you to, and you should not, send us any content that contains confidential information unless we have expressly agreed in writing to receive it in a protected or confidential context.
With respect to emails and communications you send to us, including but not limited to feedback, questions, comments, suggestions, ideas, concepts, know-how, techniques, testimonials, or other communications, we may use non-confidential ideas, concepts, know-how, suggestions, and techniques for any lawful purpose, including but not limited to the development, production, improvement, and marketing of products and services, without compensation or attribution to you.
This section does not give us permission to intentionally publish your identifying personal story, testimonial, image, private message, or sensitive personal details for marketing purposes without your permission, except where otherwise permitted or required by law.
External Sites
The Websites may contain links to third-party websites, platforms, checkout pages, course platforms, community spaces, payment processors, social media platforms, video platforms, scheduling tools, or other external services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content, services, policies, or practices on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator, platform provider, or service provider for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content, privacy practices, terms, availability, security, accuracy, policies, or practices of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.
You should take precautions when downloading files from all websites and platforms to protect your computer and devices from viruses and other destructive programs.
If you decide to access linked External Sites, you do so at your own risk.
Your Representations and Warranties
If you are a Registered User, you hereby represent, warrant, and covenant that:
You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, moral, privacy, publicity, contractual, and other proprietary rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant under this Agreement;
Your Registered User Content and your use of the Websites will not violate or misappropriate the intellectual property, privacy, publicity, contractual, moral, or other rights of any third party;
You will not submit to the Websites any Registered User Content that violates our Community Guidelines or any other term of this Agreement;
You will not use the Websites, Content, courses, communities, memberships, materials, or services in a way that violates applicable law or professional standards that apply to you;
If you are a professional, practitioner, facilitator, trainee, licensee, or other service provider using or learning from The Truffle Box, you are responsible for staying within your own scope of practice, training, licensing, insurance, jurisdictional rules, professional obligations, ethical obligations, and legal responsibilities; and
You will not represent yourself as certified, licensed, authorized, endorsed, approved, affiliated with, or trained by The Truffle Box unless we have expressly granted that status to you in writing.
Compliance with Your Local Laws
The Websites are based in Canada. We make no claims concerning whether the Content may be downloaded, viewed, accessed, purchased, or be appropriate for use outside of Canada. If you access the Websites or the Content from outside of Canada, you do so at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws, rules, professional standards, and regulations of your specific jurisdiction.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, Content, courses, communities, memberships, recordings, downloads, products, or services at any time, with or without notice where appropriate, subject to applicable law and any specific purchase terms that apply.
We reserve the right to change, suspend, or discontinue all or any part of the Websites, Content, courses, communities, memberships, products, or services at any time without prior notice or liability, subject to applicable law and any specific purchase terms that apply.
The following sections shall survive any termination of this Agreement: “Fees, Payment, Refunds, and Cancellations” until you pay all fees and taxes due; “No Professional Advice; No Therapeutic, Medical, or Emergency Relationship”; “Intellectual Property”; “Registered User Content; Licenses; Testimonials”; “Communications with Us”; “Your Representations and Warranties”; “No Warranties; Limitation of Liability”; “Indemnity”; “Termination of the Agreement”; “Controlling Law”; “Dispute Resolution”; “Class Action Waiver”; “Equitable Relief”; and “Miscellaneous,” along with any other provisions that by their nature should survive termination.
Copyright Complaints
The Truffle Box respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review copyright complaints received and may remove Content deemed to have been posted or distributed in violation of applicable laws.
Please address any concerns you may have to:
Email: [email protected]
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please include:
A description of the copyrighted work that you claim has been infringed and the specific location on the Websites where the allegedly infringing work is located;
A description of the location of the original or an authorized copy of the copyrighted work;
Your address, telephone number, and email address;
Your statement 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 that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
No Warranties; Limitation of Liability
THE WEBSITES, CONTENT, PRODUCTS, COURSES, COMMUNITIES, MEMBERSHIPS, SERVICES, DOWNLOADS, RECORDINGS, EMAILS, MATERIALS, AND RELATED OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES, CONTENT, PRODUCTS, COURSES, COMMUNITIES, MEMBERSHIPS, SERVICES, DOWNLOADS, RECORDINGS, EMAILS, MATERIALS, SERVERS, OR PLATFORMS WILL OPERATE ERROR-FREE, UNINTERRUPTED, SECURELY, OR WITHOUT COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, RESULTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, COMMON LAW, OR OTHER CLAIMS, WE AND OUR EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, FACILITATORS, LICENSEES, COLLABORATORS, PROFESSIONAL ADVISORS, AGENTS, SUCCESSORS, ASSIGNS, AND LICENSORS, WHERE APPLICABLE, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, PERSONAL OR PROFESSIONAL OUTCOMES, EMOTIONAL OUTCOMES, HEALTH OUTCOMES, RELATIONSHIP OUTCOMES, BUSINESS OUTCOMES, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, CONTENT, PRODUCTS, COURSES, COMMUNITIES, MEMBERSHIPS, SERVICES, DOWNLOADS, RECORDINGS, EMAILS, MATERIALS, OR RELATED OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES, CONTENT, PRODUCTS, COURSES, COMMUNITIES, MEMBERSHIPS, SERVICES, DOWNLOADS, RECORDINGS, EMAILS, MATERIALS, OR RELATED OFFERINGS SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, PRICING ERRORS, OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION OR TO EVERY PERSON. 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 OR TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
Indemnity
You agree to defend, indemnify, and hold us and our employees, contractors, service providers, facilitators, licensees, collaborators, professional advisors, agents, successors, licensors, and assigns, where applicable, harmless from and against any damages, liabilities, losses, expenses, claims, actions, demands, and costs, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, Websites, courses, communities, memberships, products, or services; (iii) your Registered User Content; (iv) your violation of any third-party rights, including without limitation any copyright, trademark, moral, property, publicity, privacy, contractual, or other right; (v) your violation of applicable law; or (vi) your conduct in any course, community, live session, member space, comment area, or other interactive setting.
We shall provide notice to you of any such claim, suit, or proceeding where reasonably possible and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control, at your expense where permitted by law, of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Controlling Law
This Agreement and any action related thereto will be governed by the laws of the Province of British Columbia and Canada without regard to their conflict of laws provisions, subject to any consumer protection or other laws that cannot legally be waived.
Dispute Resolution
For all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, subject to applicable law and any rights that cannot legally be waived:
If the amount at issue is $5,000 or less, the dispute shall be adjudicated in the Civil Resolution Tribunal of British Columbia, where the Civil Resolution Tribunal has jurisdiction;
If the amount at issue is greater than $5,000 and less than or equal to $35,000, the dispute shall be adjudicated in the Small Claims Court of British Columbia, where that court has jurisdiction;
If the amount at issue is greater than $35,000 but less than or equal to $100,000, the dispute shall be arbitrated and finally resolved pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc., unless a court or other forum has non-waivable jurisdiction;
If the amount at issue is greater than $100,000, the dispute shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc., unless a court or other forum has non-waivable jurisdiction.
In any case, the place of litigation or arbitration shall be Vancouver, British Columbia, unless otherwise required by applicable law. The language of the litigation or arbitration shall be English.
Nothing in this section prevents us from seeking equitable, injunctive, or other urgent relief as described in the Equitable Relief section below.
Class Action Waiver
To the full extent permitted by law, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually.
To the full extent permitted by law:
(i) no arbitration or proceeding shall be joined with any other;
(ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class-action procedures; and
(iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights, confidential information, proprietary information, trade secrets, access restrictions, community protections, or Content protections by you, we may suffer irreparable harm and may therefore be entitled to injunctive or equitable relief to enforce this Agreement.
We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, injunctive, or urgent relief that is necessary to protect our rights, property, Content, community, users, business, and legal interests pending the outcome of any litigation, arbitration, or other dispute-resolution process referenced above.
You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and provincial courts in the Province of British Columbia for purposes of any such action by us, subject to applicable law.
Miscellaneous
Our failure to act on or enforce any provision of this 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.
Except as expressly agreed by us and you in writing, this Agreement, together with our Privacy Policy and any applicable purchase terms, community rules, course terms, membership terms, professional terms, licensing terms, or other specific written terms, constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect.
The section headings are provided merely for convenience and shall not be given any legal import.
This Agreement will inure to the benefit of our successors, assigns, licensees, sublicensees, contractors, service providers, and permitted collaborators.
How to Contact Us
If you have questions about these Terms of Use, please contact us via:
Email: [email protected]