2. Lawful Use and Purpose
You shall use the Services for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin colour, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Your use of the Program and the Services are made available for your personal non-commercial use only. You may not use the Program to sell a product or service or to increase traffic to your website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. You may not “meta-search” the Site.
Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Program, including, without limitation, the Services, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the site. No other permission is granted to you from the previous sentence. Other product and company names mentioned on the Site may be trademarks of their respective owners. You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorization. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling or otherwise. Further, you may not use the Site in a manner that violates any state, provincial or federal law.
You will access your account through the Site by means of a protected Login ID/Password that you will select. It is your responsibility to guard this information and keep it confidential. Therefore, you authorize the Company to treat any resulting transactions, obligations or liabilities as if you used the Services and the Program yourself.
The Company may from time to time change the terms and conditions and/or rules that govern your membership in the Program (including, without limitation, your receipt or use of the Services) and/or use of the Site. This may include establishing policies and limitations concerning your personal journal hosted at the Site. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services, any document, information or other content on the Site. THE COMPANY MAY FROM TIME TO TIME, WITHOUT PROVIDING ANY NOTICE, CHANGE, MODIFY, SUBSTITUTE, ADD OR DELETE ANY ASPECTS OF ITS BUSINESS AND OPERATIONS, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED THEREUNDER, OR FEE STRUCTURE, TERMS AND CONDITIONS, APPLICABLE TO YOUR USE OF THE SITE OR ANY PART THEREUNDER. SUCH CHANGED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEB SITE. ANY USE OF THE PROGRAM AND/OR THE SITE BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF THE CHANGED TERMS.
Your Membership and the right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
8. Links and Advertisers
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. THE EXISTENCE OF A LINK TO A THIRD PARTY’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY THE COMPANY BEYOND WHAT MIGHT BE SPECIFICALLY PROVIDED FOR. THE SITE MAY CONTAIN ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE SITE IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE. THIRD PARTY CONTENT MAY APPEAR ON THE SITE OR MAY BE ACCESSIBLE VIA LINKS FROM THE SITE. WE ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS OF LAW, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY IN THE STATEMENTS, OPINIONS, REPRESENTATIONS OR ANY OTHER FORM OF CONTENT ON THE SITE. YOU UNDERSTAND THAT THE INFORMATION AND OPINIONS IN THE THIRD PARTY CONTENT REPRESENT SOLELY THE THOUGHTS OF THE AUTHOR AND IS NEITHER ENDORSED BY NOR DOES IT NECESSARILY REFLECT OUR BELIEF.
9. Disclaimer and Limitation of Liability
ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY DOES NOT WARRANT THE ACCURACY OF INFORMATION CONTAINED ON ITS CONSTITUENT WEB SITES OR THOSE OF THIRD PARTIES. NOTHING ON THE SITE INTENDED TO BE CONSTRUED AS MEDICAL ADVICE; USERS SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PRACTITIONER BEFORE ENGAGING IN ANY HEALTH-RELATED REGIMEN. ALL SERVICES PROVIDED BY THE COMPANY THROUGH THE PROGRAM AND ON THE SITE ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THE COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED ARE OF A REASONABLY ACCEPTABLE QUALITY. THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. THE COMPANY DOES NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR REVENUES. THE COMPANY SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR ANY SIMILAR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF YOU NETWORK, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUD, OR ANY OTHER METHOD. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FACILITIES PROVIDED BY CREATING IN ONENESS OR THE MEMBERSHIP PROGRAM, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER MEMBERS OR USERS VIA THE WEB SITE, INCLUDING WITHOUT LIMITATION THE BREACH OF ANY OBLIGATION IMPOSED ON CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF I-I WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF SUCH CHARGE, THE COMPANY LIMITATIONS OF LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO THE PROGRAM IN THE PREVIOUS SIX (6) MONTHS. YOU ACKNOWLEDGE BY YOUR MEMBERSHIP IN THE PROGRAM AND YOUR USE OF SERVICES PROVIDED THEREUNDER THAT SUCH MEMBERSHIP AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THE COMPANY SHALL NOT IN ANY FORM WHATSOEVER BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
You agree to defend, indemnify and hold the Company and the Program, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your improper use or receipt of the Program, the Services, or otherwise in connection with Creating in Oneness/Morningstar Transformations or the Site.
11. User Information.
You authorize us to charge you for use of the Services, at the posted prices, (such prices subject to change at any time by the Company without any specific notice to you, beyond posting notification on the website), at such times as you specify upon enrolment and continuing until you cancel your membership. All payments shall be made in Canadian dollars. You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you are responsible to pay the charges incurred by you at the posted prices, including any applicable taxes.
You may cancel your membership at any time.
There shall be no refunds. You acknowledge and agree that in the event of any dispute, the Company shall not be liable for any charge. If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase.
15. Complete Agreement
If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or un-enforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or un-enforceability shall destroy the underlying business purpose of this Agreement.
Any claim, dispute, or controversy whether in contract, tort, pursuant to statute or regulation or otherwise, whether pre-existing, present or future, arising out of or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us. Should you believe that you have a claim, you must give written notice to the Program of your intention to arbitrate, and similarly, the Program will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the State of New York.
18. Jurisdiction and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the Province of British Columbia, without regard to the choice of law provisions, and you hereby submit to the exclusive jurisdiction of the courts of the Province of British Columbia. Thus, you agree and acknowledge that your use of any and all Services, the Program and the Site shall be deemed to have occurred and taken place solely in the Province of British Columbia.