Terms of Use.
TERMS AND CONDITIONS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACKNOWLEDGE THESE TERMS NOR ACCESS COMPANY’S WEBSITE OR CONTENT.
Thank you for visiting bromleyfinancialcoaching.com (hereinafter “Website”), owned by Kaitlin Bromley (hereinafter, “Company,” “we,” “us,” “our”), an Ontario, Canada based company.
By visiting https://bromleyfinancialcoaching.com (“Website”), you, the visitor of the Website, agree to the terms of this agreement. This agreement is subject to change at any time by the Company. This agreement contains the entire agreement between the visitor and the Company, regarding the use of the website. The agreement shall be governed pursuant to the laws of the province of Ontario, Canada. The visitor hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any of our digital or downloadable resources, online course, one-on-one or group coaching, membership, program, pre-enrolment promotional program or offer, workshop, or training, video, member portal, enter any online private forums operated by representatives of the Company (for any purpose), whether on a website hosted by the Company, including https://bromleyfinancialcoaching.com (“Website”), or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by the Company; and/or purchase or take part in any future service or activity offered by the Company, whether now known or unknown (“Service/s”, “Program/s”, “Membership/s”)
If you do not agree with these TOU, you may not use our resources, including Services, Programs, Memberships or the Website.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Kaitlin Bromley, our subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively, the “Company”); (ii) any Company volunteers; and (iii) Joel Bromley.
Our Services, Programs and Memberships
As part of our Services, Programs or Memberships you select at checkout, you will receive the services or products outlined on the webpage where you registered. The Company reserves, in its sole right and discretion, the right to adjust the Service, Program or Membership, including the services and/or pricing at any time. Except as otherwise expressly provided for in these TOU, any modification to the Service, Program or Membership will take effect following notice to you.
If you register for a Service, Program or Membership, you understand and agree that you may be coached by Kaitlin Bromley, Joel Bromley, guest coaches, and/or your peers that are also participating in the Service, Program or Membership. In the event Kaitlin or Joel Bromley are not in attendance for a group meeting for any reason including, but not limited to, illness, injury, or any other unforeseen circumstance(s), the Company may, in its sole right and discretion, designate a qualified host of Company’s choosing to carry out the meeting.
Please note that if you disagree with the Company’s designated choice of host for the meeting, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
Participants
Our Services, Programs, Memberships and Website are intended and only suitable for individuals aged eighteen (18) and above. Some of the content in our Services, Programs, Memberships and on the Website may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use our Services, Programs, Memberships or Website. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
There may be content for children or youth under the age of eighteen (18) that is available for parents, guardians, teachers, or instructors to use in supporting individuals under the age of eighteen (18). This content will be clearly identified as being appropriate for individuals under the age of eighteen (18).
If you wish to participate in another session of a Service, Program or Membership in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
Membership Participants
The Company reserves the right to deny entrance into a Program or Membership to any applicant that is deemed unqualified for any reason, at the Company’s sole and absolute discretion.
Early Enrolment Program Offers / Special Program Offers
From time to time, the Company may offer participants promotional pricing, early enrolment, and early access to specific services outlined on the Website, for a temporary period of time (“Promotional Offer”).
If you accept the Promotional Offer by taking the required steps (i.e., submitting an application and making the required payment, using promotional codes etc.) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional Offer are outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said additional terms are outlined on the Website or otherwise (i.e., email), and those additional terms shall be incorporated into this TOU.
Promotional Offer information, including application details and payment instructions will also be detailed and outlined on the Website when registering for the specific Service(s), Program(s) or Membership(s) offered under the Promotional Offer.
Application Process and Fees
Open Enrolment: In order to participate in the Company’s Mastermind Membership, you must complete and submit an application, and pay an application fee (“Application Fee”) as follows during the open enrolment periods:
In order to participate in the Mastermind Membership, you must complete and submit an application, along with a Five Hundred Dollar (CAD $500.00) Application Fee. In the event you are not accepted into this program, the Company will issue you a refund of your Application Fee. If you are accepted into this program, your application fee will apply toward your membership fee with the balance of the program fee will be due immediately.
You agree that all of the information submitted on any application you provide will be accurate, correct and up to date. Applications will be evaluated by the Company, and the Company reserves the right to deny entrance into the Service, Program or Membership to any applicant that is deemed unqualified for any reason, at the Company’s sole and absolute discretion.
Payment
You agree to the fees and payment schedule for the Service, Program or Membership that you selected at checkout.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Unless stated otherwise, payment is due on a monthly recurring basis for any Program or Membership, or as outlined for any Services. If payment is not received when due, the Company reserves the right to terminate your access to the Program or Membership, all Content and member portals immediately and permanently.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from a Service, Program or Membership at any time or for any reason, you will remain fully responsible for the full cost of the Program or Membership and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refunds
The Company stands proudly behind its Service, Program and Membership promises and results and therefore we have a no refund policy, except for certain application fees as described within these TOU.
The Company’s refund policies for Memberships are outlined below:
Memberships: There will be no refund for monthly membership fees. You can cancel at any time by emailing bromleyfinancialcoaching@outlook.com or messaging our support team through your member portal. You will maintain access to the membership for the remainder of your billing cycle.
Application Fees: In the event you are not accepted into the Mastermind Membership, the Company will issue you a full refund of your Application Fee for that program. The Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you are accepted into our Mastermind Membership, you will not be eligible for a refund of your Application Fee if you choose not to join the program/membership.
In all other cases, the Company has a no refund policy for programs or memberships. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment. By using and/or purchasing a service, program, membership or content, you understand and agree that all sales are final, and no refunds will be provided.
The Company agrees to honour your right of withdrawal where required by law.
Any deviation by the Company from these policies, as determined in the Company’s sole discretion, does not constitute a waiver of these policies and you will not be entitled to a refund on that basis.
The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
Guest Coaches and Coach Substitutes
The Company may have guest coaches and/or coach substitutes participate and coach the Service, Program or Membership. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of the Company’s choosing, to deliver, administer, and carry out the Service, Program or Membership, without providing advanced notice nor needing consent from any participant.
If a participant disagrees with or fails to consider the Company’s guest coach or coach substitute as qualified, no grounds to receive a refund are created, and any request for a refund on this basis shall be denied.
Intellectual Property Rights
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Service, Program or Membership, contained in e-mails sent to you by the Company, or provided at in-person events by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright and other intellectual property laws.
The Company’s Limited License to You
If you view, purchase, or access a Service, Program, Membership or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Service, Program, Membership and Content for your own personal purposes or your own personal use only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients, or customers, or any other third party. By downloading, printing, or otherwise using the Service, Program, Membership or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Service, Program, Membership or Content shall constitute infringement.
You must receive the Company’s written permission before using any of our Content for your own personal or commercial use or before sharing with others.
All rights not expressly granted in these terms or any express written license, are reserved by the Company.
Recorded Coaching Calls and Live Events
The Company’s coaching calls and live events will be recorded and may be made available to Program or Membership participants. Any recorded calls will be the sole property of the Company for their use in Content.
However, in the Company’s sole right and discretion, the Company may refuse to present or provide any Service, Program or Membership participant with the live coaching call and live event recordings. The Company’s potential changes referenced above do not pose as grounds for a participant to receive a refund and any request for a refund on this basis will be denied.
Recorded live coaching calls and live event recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
If you have concerns related to content that you were recorded in, please reach out to our Company at bromleyfinancialcoaching@outlook.com.
Unauthorized Use
Your use of any materials found in our Services, Programs, Memberships or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”).
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this TOU would cause irreparable injury to the Company that may require legal proceedings.
Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during a Service, Program or Membership such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Service, Program, Membership and/or Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program, Membership or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during any Programs, Membership or webinars that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Service, Program, Membership, live event or webinar without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program, Membership or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program, Membership, webinars or any third-party forum or website operated by the Company, or anything captured by you or the Company during your participation in a Program or Membership, including images in which your face is visible and recognizable or your full name.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to bromleyfinancialcoaching@outlook.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in any Service, Program, Membership and Content.
Coach/Client Relationship and Responsibilities of The Parties
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
The Company’s responsibilities:
The Company’s coaches and guest instructors are trained to use their communication skills and coaching tools to support you throughout our Service, Program or Membership.
The Company’s coaches and guest instructors will provide guidance to you based on information you provide.
The Company’s coaches and guest instructors will answer questions through whatever forum the Company provides for the Service, Program or Membership, which may include the Facebook group and live group coaching calls on Zoom or Facebook Live; replays may be made available if you are not available to attend live.
Your responsibilities for best results:
Watch and/or listen to all video content provided on the Website, member portal, or Facebook groups and complete all worksheets and modules assigned during the Service, Program or Membership, at your own pace.
Attend live group coaching calls.
Participate, engage, and ask for coaching and help in the Company’s private Facebook groups and in the member portal.
Attend live in-person events, if applicable.
You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, legal, financial or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
Your Conduct
Our Programs, Memberships and Events are “pitch free zones.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program, Membership or Event participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program or Membership participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live-events, or other products or services to Program or Membership participants, unless you are authorized or requested to do so by the Company.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to the Company or participants in Programs and Memberships
Causing damage to any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, keystroke logger or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Using any Company website or private membership forum or third-party forums operated by the Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by the Company and/or participants without receiving their advance permission
Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, Program, Membership or third-party forums operated by Company.
Using discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program or Membership, and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
Facebook Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
The Company’s Programs and Memberships promote diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within the Program or Membership. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
The Company has created a safe space for all participants to feel seen, respected and heard. The Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
Participants must support each other with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program or membership elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base services of the Program or Membership. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company. There may or may not be additional costs for the additional program elements.
The Company may also post separate rules regarding your behaviour in any online community or forum, whether hosted on the Company’s website or a third-party website (such as Facebook.com), which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
Confidentiality
The Company is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program or Membership participant. You agree to keep all information you learn about other Program or Membership participants, strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program or Membership, on the Website, social media or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member portal or any third-party forums operated by the Company, without permission. If the Company discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program, Membership and Content and you will not be issued a refund.
Username and Password
To access certain features of Services, Programs and Memberships, including any private membership areas, you may need a username and/or password. You agree to keep your username and/or password(s) confidential. During the registration process for any service, product or program, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and/or password(s) with anyone else, or forwarded any non-public material from the Program or Membership to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program, Membership or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s Privacy Policy.
Reviews
The Company respects and welcomes all Service, Program or Membership participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials, that are based in integrity, regarding their participant experience with the Company, Program or Membership. The Company prohibits comments, feedback, statements, and testimonials regarding their participant experience with the Company, Program or Membership that: (1) contain confidential or private information which includes but is not limited to, the Company’s trade secrets; (2) are unrelated to the Company’s products or services; or (3) are clearly false or misleading.
The Company encourages all participants to reach out to bromleyfinancialcoaching@outlook.com to resolve any concerns participants may have about a Service, Program or Membership.
Live or In-Person Events
If you participate in any live or in-person event as part of the Service, Program or Membership, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program or Membership. You agree to exhibit appropriate behavior at all times and to obey all local, provincial, and federal civil and criminal laws while participating in a Service, Program or Membership. This includes, generally, respect for other people, equipment, facilities, or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Service, Program, Membership or any person, facility, or property.
Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Service, Program, Membership and Content, including the member portal, as well as private Facebook groups operated by the Company, in full or in part, at any time without notice. The Company may terminate your participation and access in the Service, Program, Membership and Content at any time, without notice nor refund, if you breach any part of these TOU, or for any other reason in the Company’s sole right and discretion.
If you would like to cancel your access and participation in a Service, Program or Membership, you must provide written notice to the Company at bromleyfinancialcoaching@outlook.com or through your member portal.
In the event of cancellation or termination, you are no longer authorized to access the part of the Service, Program, Membership or Content affected by such cancellation or termination and the refund policy detailed in these TOU will apply. The restrictions imposed on you in these TOU with respect to the Service, Program or Memberships and the Content will still apply now and in the future, even after termination by you or the Company.
Personal Responsibility, Release, Disclaimers
The Services, Programs, Memberships and Content offered by the Company provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. Any Service, Program, Membership and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Service, Program or Membership.
Results Disclaimer. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of our Services, Programs and Memberships and you understand that results differ for each individual.
Affiliate Disclaimer. From time to time, we may use or carry affiliate links for products or services that the Company has approved. We may receive a commission, fee and/or other compensation for clicks or purchases made through these affiliate links or programs. Our Services, Programs, Memberships and Content are not influenced by affiliate links and as such, we only provide affiliate links to products or services which we personally support or have used.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company tries to ensure that the availability and delivery of the Services, Programs, Memberships and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES, PROGRAMS, MEMBERSHIPS AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
Security
Security for all personally identifiable information is extremely important to the Company. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to its conflict of laws. The nearest provincial and federal court to Waterloo Region, Ontario shall have exclusive jurisdiction over any case or controversy arising from or relating to a Service, Program, Membership or Content, including but not limited to the Privacy Policy or these TOU. By using our Services, Programs, Memberships or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Users Outside Canada
The Company controls and operates the Services, Programs, Memberships and websites from offices in Canada. Accordingly, our Website and web-based services comply with applicable Canadian privacy laws. The Company does not represent that materials in the Services, Programs or Memberships are appropriate or available for use in other locations. People who choose to access our Website, Services, Programs, Memberships and Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, Programs, Memberships and Websites are not intended for or directed to citizens, domiciles or residents of the European Union. By accessing Services, Programs, Memberships and our Websites, you acknowledge that you are not a citizen of the European Union.
Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Services, Programs, Memberships or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available in the Services, Programs, Memberships or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the laws of Canada. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Entire Agreement, Severability, Modification, And Waiver
This agreement constitutes the entire agreement between you and the Company with respect to the Services, Programs, Memberships, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and the Company regarding any Service, Program, Membership, Content and Website. If any part of the terms of our TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any of the provisions of this TOU shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
The Company may change, modify, or update these TOU at any time. Any access or use of our Services, Programs, Memberships or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these terms, contact bromleyfinancialcoaching@outlook.com
By clicking on the box when signing up for a Service, Program or Membership you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use any of our Services, Programs, Memberships or Content.
UPDATED: October 2023