Effective: March 1, 2021
Updated: March 1, 2021
Welcome to Create The Love. Mark Groves Consulting, Inc. D/B/A Create The Love (“CTL”), a Canadian corporation, owns and operates www.createthelove.com and the online course site, www.markgroves-mykajabi.com (collectively, the “Websites”), and all the Create The Love email newsletter, Create the Love videos, the Mark Groves’ podcast, Create The Love online and offline events, Create The Love Cards, Create The Love social media accounts, and all related websites, mobile applications, videos, audio recordings, any other products or offline or online services that we provide (collectively, the “Service”).
These Terms constitute a binding agreement between you and CTL, and its affiliates and subsidiaries (“CTL’S”, “we”, “us”, or “our”). “You”, “Your”, and “Users” mean all visitors to the Service. You accept these Terms any time and every time that You use the Service. You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, including, without limitation, Your access to and use of the Service. If You do not accept these Terms, then You must not use the Service.
In addition, when You use any of CTL’s current or future services or products, You will also be subject to CTL’s specific guidelines, terms, conditions and agreements applicable to those services and products. If these Terms are inconsistent with the guidelines, terms and agreements applicable to those services and goods, then these Terms will control.
These Terms may change from time to time and Your continued use of the Service constitutes acceptance of such changes. Please check these Terms periodically for updates.
II. The Service:
- Eligibility. You may access and use the Service only if (i) You are nineteen (19) years of age or older or (ii) You are the age of majority in Your country or region.
- Location. The Service is based in and operates from British Columbia, Canada, however, we do not represent that the Service is applicable, appropriate, or available for use in locations outside of British Columbia, Canada. Persons who choose to access the Service from locations outside of British Columbia, Canada do so on their own initiative, and are solely responsible for compliance with sovereign and local laws, if and to the extent such laws are applicable.
- Term and Termination. The term for Your use of the Service will commence on the date on which You use the Service. The term will continue until You or CTL terminate Your use of the Service. For example, You may terminate Your use of the Service by discontinuing Your use of the Websites or the online courses or unsubscribing from the Newsletter.
- Effects of Termination. The provisions of the Terms that are intended to survive the termination of the Terms by their nature will survive the termination of the Terms.
III. Information Provided By The Service:
All information provided by the Service is subject to change at any time without notice, at our sole discretion.
IV. Your CTL Accounts & Subscription To CTL Newsletter:
- Your CTL Account. To register as a CTL Account Holder, You must provide a valid email address (“Registration Data”). You will choose a password during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your account. In consideration of use of the Service, You agree to maintain and update true, accurate, current and complete Registration Data. If You provide any information that is untrue, inaccurate, not current or incomplete, or if CTL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Service or any portion thereof.
- Use of Your CTL Account. Your account is for Your personal use and without explicit written permission from CTL or its duly appointed representative(s), You agree not to allow access to the Service or any portion of it by any other person using Your login credentials. You further agree to notify CTL immediately of any unauthorized access to or use of Your credentials or any other known breach of security.
CTL May Disable A User Account. We retain the right to disable any user account, whether created by You or provided by CTL, at any time in our sole discretion for any or no reason, including, but not limited to, violations of any provision of these Terms.
- Subscription to Create The Love Newsletter. To receive the Create The Love Newsletter, You will need to subscribe using Your name and email address. You represent and warrant You are at least 19 years of age or older or the age of majority in Your country or jurisdiction, legally authorized to provide the name and email address used to subscribe to the Create The Love Newsletter, and the name and email address that You provide to CTL are true, accurate, current, and complete. Signing up for the Create The Love Newsletter constitutes consent to receipt of the newsletter and/or email marketing communications from CTL about the Service (e.g., special offers, upcoming Coaching Courses, events, etc.).
- Consent to CTL’s Communications. Your use of the Service constitutes consent to CTL communicating with You by email or posting notice on the Service for customer service-related purposes in connection with the Service or for security, privacy, and administrative issues relating to Your use of the Service. You have a legal right to receive free written notice of a security breach or to withdraw Your consent from receiving electronic notice. To effectuate these rights, please email CTL at [email protected]reatethelove.com and state in the subject line “Cancel Communications” or utilize the opt-out options included in CTL’s communications.
V. CTL’s Content, Ownership, And Your Limited Authorized Use:
- CTL Content. The Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio and video files, computer code, digital downloads, and other CTL content (collectively, “CTL Content”). All CTL Content and the compilation (meaning the collection, arrangement, and assembly) of all CTL Content are the property of CTL or CTL’s licensors and are protected under copyright, trademark, and other applicable laws or treaties. Unauthorized use of the CTL Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original CTL Content on any copy that You make of the CTL Content for Your personal use.
- CTL’s Marks. Any trademarks or service marks (whether registered or not), graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark“ and collectively, “Marks”) contained in the Service are proprietary to CTL or our licensors or licensees. CTL’s Marks may not be used in connection with any product or service that is not CTL’s, nor in any manner that is likely to cause confusion among users or that disparages or discredits MCG or anyone else. All other Marks not owned by CTL that appear on the Service are the property of CTL’s licensors or their respective owners, who may or may not be affiliated with, connected to, or sponsored by CTL.
- Grant Of Limited License. CTL grants You a limited license to access and make personal use of the Service, provided that no Content of the Service or any other online site owned, operated, licensed, or controlled by CTL may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that You may download one (1) copy of the Content that CTL makes available to You for such purposes for Your personal, noncommercial use only, provided that You: (i) keep intact all copyright, trademark and other proprietary rights notices; (ii) do not modify any of the Content; (iii) do not use any Content in a manner that suggests an association with any of CTL’s products, services or brands. Your use of Content in any manner inconsistent with the license granted here is strictly prohibited.
The license granted to You does not include, and specifically excludes, any rights to: (a) resell or make any commercial use of the Service or any Content; (b) collect and use any product listings, descriptions, or prices; (c) make any derivative use of the Service or Content; (d) download or copy account information for the benefit of anyone else; or (e) use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without CTL and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to You hereunder.
VI. User Contributions, User Contribution License, and User Warranties:
- Permissible User Contribution. We appreciate hearing from CTL Users. The Service allows Users to post, submit, publish, display, or transmit to other Users or other persons (collectively, “Post”, “Posts”, “Posted”) comments, questions, or other information (collectively, “User Contribution”) on the Service (e.g. a public, online Coaching Course discussion) provided however, that the User Contribution is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” (collectively “Permissible ”). Users may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any User Contribution.
- CTL’s Right To Monitor User Contributions. CTL has the right (but no obligation) to monitor, edit or remove any activity or User Contribution involving or Posted by You or any User without notice. We have no responsibility, and assume no liability, for any User Contribution Posted by You or any User.
- No Confidentiality or Fiduciary Duty. User Contributions, when Posted, are not confidential. CTL is not subject to any obligation of confidentiality, fiduciary duty, and will not be liable for any use or disclosure of any User Contribution.
- User Contribution Content License. When You Post or send to CTL Permissible User Contributions, including without limitation creative ideas, suggestions on how to improve or enhance the Service, inventions or materials, whether intentionally or unintentionally, You acknowledge and agree to the following:
- User Contribution License. You hereby grant to CTL a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, transferable, universal and unlimited license to use the User Contribution, whether text or oral, in any manner whatsoever to use, including without limitation re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform the User Contribution submitted by You, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without any compensation or further notice to You and with or without attribution (the “User Contribution License“). You agree to the User Contribution License whether or not Your User Contribution is used by CTL.
- Permissible Use. You warrant and represent that the User Contribution Posted by You complies with CTL’s standards of Permissible User Contribution (listed above).
- Warranty of No Harm. You warrant and represent that User Contribution does not violate the right, title and interest of any third party, including without limitation intellectual property, proprietary or moral rights, and the Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy or is otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- You Indemnify CTL. You warrant and agree that You will indemnify and hold harmless CTL and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User Contribution provided by You or breach of the warranties provided by You under this Section.
- Moral Rights. To the extent that any so-called “moral rights,” “neighboring rights,” or similar or analogous rights apply to any User Contribution and which are not exclusively owned by CTL, You agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
- Your Ratification of License and Warranties. Each time that You access the Services, or post, or submit a User Contribution, You agree that the User Contribution License is ratified and confirmed with respect to such User Contribution and all User Contribution previously Posted or submitted to CTL by You. Please do not send CTRL any Feedback that You do not intend to be subject to the User Contribution License described in this Section.
VII. CTL’s Monitoring, Enforcement; Removal of User Contributions:
- CTL’s Rights Re: User Contributions. CTL has the right to undertake the following actions in regard to all User Contributions.
- Remove or refuse to post any User Contribution for any or no reason in our sole discretion and without notice to You or any User.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, is not Permissible User Contribution, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Service or the public, or could create liability for CTL.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, disclose information to a third party if compelled by subpoena or referral to law enforcement for any illegal or unauthorized use of the Service.
- Without limiting the foregoing, CTL has the right to cooperate fully with any law enforcement authorities or court order requesting or directing CTL to disclose the identity of any person or User utilizing the Service or provide the information of any person or User provided to or Posted on or through the Service, including without limitation User Contribution. YOU WAIVE AND HOLD HARMLESS CTL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CTL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CTL OR LAW ENFORCEMENT AUTHORITIES.
- CTL does not undertake to review any or all User Contributions Posted on the Service and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, CTL assumes no liability for any action or inaction regarding transmissions, communications, information, or User Contribution provided by any person, User, or third party. We have no liability or responsibility to any person, entity, or other organization for performance or nonperformance of the activities described in this Section VII.
VIII. Copyright Infringement Policy:
- CTL Policy. CTL supports the protection of intellectual property and expects all Users of the Service to comply with the applicable copyright laws of each User’s country. It is CTL’s policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov.
- How to Contact CTL. If You think that materials uploaded to or posted on the Service infringe any of Your copyrights, You may contact our Designated Agent at:
- Mark Groves Consulting, Inc. D/B/A/ Create The Love
#269 1917 4th Avenue, Vancouver, Canada BC, V6JIM7
- What to Include in a Notice of Copyright Infringement. Any notice that alleges materials hosted by or distributed through the Service infringes intellectual property rights must include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
- A description of the copyrighted work or other intellectual property that You claim has been infringed;
- A description of the material that You claim is infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- A statement from You that You have a good faith belief that the use of the materials on the Service of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by You that the information in Your notice is accurate and that, under penalty of perjury, You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- CTL’s Response to Notice of Copyright Infringement. If CTL receives proper notification of claimed copyright infringement, CTL’s response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the User’s account. CTL will terminate (without notice) the accounts of Users that it finds are “repeat infringers,” which is a User who has been notified of infringing activity more than twice or has had infringing User Contribution removed from the Service more than twice.
- Advice of Legal Counsel. If You are not sure if copyright laws protect the material, we suggest that You first contact an appropriately licensed attorney to assist You.
IX. Your Use of CTL Coaching Courses:
- Coaching Services. CTL’s Services include online coaching courses available for purchase that may or may not include interaction with Mark Groves and/or other featured participant (collectively, “Coaching Courses”). By Your purchase, and continued use and/or participation, of CTL’s Coaching Courses, You acknowledge and agree to the following:
- Disclaimer Re: Use of Non-Licensed Health Care/Mental Health/Medical Service Providers. CTL coaches are not licensed health care, mental health, or medical services providers and the Coaching Courses are not, nor intended to be substituted for the advice, diagnosis, or treatment by a licensed health care, mental health, medical, or other licensed professional service provider. You should never disregard the advice or treatment of such health care, mental health, or medical service provider or delay in seeking such advice or treatment because of the information offered or provided by the Coaching Courses.
- Your Duty To Seek Qualified Care. If You have specific concerns or a situation that requires mental health or medical advice, care or treatment, You should consult with the appropriately trained and qualified health care, mental health, or medical provider, such as a psychologist or physician.
- No Confidential Relationship; Disclaimer Of No Legal Privilege. The coaching relationship between You, CTL, Mark Groves, and CTL’s featured participants, is not confidential and there is no legally privileged relationship (such as a doctor-patient relationship, psychiatrist-client) entitled to confidentiality or protected from disclosure. Information provided by You is not confidential and could be discoverable in legal or regulatory proceedings or investigation by law enforcement authorities. You acknowledge and agree that the relationship between You and the CTL is not confidential, nor legally privileged and CTL has a duty to comply with any applicable law in connection with CTL’s Coaching Courses and the Service. YOU WAIVE AND HOLD HARMLESS CTL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION OR DISCLOSURE MADE BY CTL DURING, OR TAKEN AS A CONSEQUENCE OF, COMPELLED DISCLOSURE to LEGAL OR REGULATORY AUTHORITIES OR INVESTIGATIONS BY EITHER CTL OR LAW ENFORCEMENT AUTHORITIES.
- Disclaimer of Warranties. CTL’s Coaching Courses are “As Is” and without warranty of any kind, express or implied. To the fullest extent permitted by applicable law in any jurisdiction, we disclaim any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Disclaimer of Assumed Risk. It is Your responsibility to make all decisions regarding Your participation and use of the information provided by the coaching services and You do so entirely at Your own risk. CTL does not assume, and shall not have, any liability for injury or loss in connection with Your participation in the coaching services or the CTL. CTL makes no representations or warranties and expressly disclaims any and all liability concerning any recommendation or action undertaken by You following the information offered or provided by CTL’s coaching services.
- Right to Terminate. CTL may terminate the Coaching Courses at any time based on its sole discretion and judgment that the Coaching Courses are not appropriate for You.
- Waiver and Release. You hereby agree and release the Company, its officers, owners, managers, employees, independent contractors, agents, licensees, successors, and assigns, (collectively, the “Release Parties”) from any and all damages, expenses, and fees of any kind, including without limitation attorney’s fees and litigation costs, from any claim, dispute, or recovery arising from or related to the Coaching Courses, and to the extent necessary, the Company’s maximum liability under this Agreement is the amount paid by You to the Company under this Agreement. CTL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, OR STRICT LIABILITY, EVEN IF IT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- Your Informed Understanding of Waiver and Release Granted To CTL, Limitations. You have carefully read this Waiver and Release and fully understand that it is a full release of liability of CTL from any and all claims or causes of action and You voluntarily give up and irrevocably waive and release any right that may otherwise have to bring a legal action against the Release Parties for personal injury or property damage. To the extent that certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the foregoing disclaimers, exclusions, or limitations may not apply to You and You may have additional rights.
X. Your Purchase of CTL Coaching Courses:
- Purchase Terms And Conditions. All of CTL’s Coaching Courses purchased through the Service (collectively, “Purchased Course” or “Purchased Courses”) are governed by these Terms of Sale, which You acknowledge and agree to by purchasing a CTL Coaching Course:
- All prices displayed are quoted in U.S. dollars.
- You will be charged for the Coaching Course at the time of purchase.
- When purchasing a Coaching Course, You understand that the information and data that You provide CTL, such as Your name, email address (but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You understand and agree that the Purchased Course may or may not be error-free or function as described in the Services, though CTL has reason to believe it can deliver as specified and plans on making efforts to do so. CTL does not warrant that the quality of any Purchased Course, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Purchased Course, information, or materials on the Service will be corrected.
- You will receive a confirmation email (“Course Purchase Confirmation Email”) from CTL on the date of Your completed purchase (“Date of Purchase”) that confirms Your Purchased Course and how it can be accessed, including the specific start date of a Purchased Course, if applicable. Additionally, You will receive a separate email receipt for the Purchased Course.
- CTL reserves the right at any time to modify or discontinue a Coaching Course (or any part or content thereof) without notice at any time. All descriptions and pricing of Coaching Courses are subject to change at anytime without notice, at the sole discretion of CTL. CTL shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of a Coaching Course.
- Additional terms and conditions may also apply to features of specific Coaching Courses. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
XI. Your Access To Purchased Courses:
- Terms of Access. CTL’s Purchased Courses can be accessed on CTL’s online course portal, https://mark-groves.mykajabi.com, and are governed by these Terms of Access, which You acknowledge and agree to by purchasing a Coaching Course:
- Access to Standard Purchased Courses. A standard Purchased Course (“Standard Purchased Course”) is a Coaching Course that is available to be accessed immediately upon completion of purchase. You shall have access to Your Standard Purchased Course for a period of twelve (12) consecutive months from the Date of Purchase shown by the Course Purchase Confirmation Email. Upon expiration of this twelve (12) month period, You will no longer have access to the Standard Purchased Course.
- Access To Scheduled Purchased Course. A scheduled Purchased Course (“Scheduled Purchased Course”) is a Coaching Course that is scheduled to start on a specific date (“Start Date”) and cannot be accessed until that Start Date. Upon the Start Date of the Scheduled Purchased Course, You will have access to the Scheduled Purchased Course for a period of twelve (12) consecutive months after the Start Date in the Course Purchase Confirmation Email (or extended Start Date, if applicable). Upon expiration of this twelve (12) month period, You will no longer have access to the Scheduled Purchased Course.
XII. Refund Policies of Purchased Courses:
- Terms of Refund. You acknowledge and agree to CTL’s Terms of Refund by purchasing a Coaching Course. CTL reserves the right to modify its Terms of Refund at any time.
- CTL Refund of Standard Purchased Course.
- A standard Purchased Course (“Standard Purchased Course”) is a Coaching Course that is available to be accessed immediately upon completion of purchase.
- CTL will provide a full refund of a Standard Purchased Course if You request a refund no later than fourteen (14) calendar days after the Date of Purchase shown by CTL’s Course Purchase Confirmation Email that You received confirming the Standard Purchased Course. If You can’t find Your Course Purchase Confirmation Email, CTL will have a record of it.
- Refunds will be equal to the amount paid for the Standard Purchased Course as stated in Your Receipt Email. If You can’t find Your Receipt Email, CTL will have a record of it.
- To request a refund, please click on the “Submit Refund Request” button listed on CTL’s Refund Policy Page, located at https://createthelove.com/refund-policy.
- Email may take up to ten (10) business days to process and funds will be returned to the original method of payment for the Purchased Course.
- CTL will not refund a Standard Purchased Course if the request for a refund is made after fourteen (14) calendar days from the Date of Purchase that is stated in Your Course Purchase Confirmation Email. For example, if Your Course Purchase Confirmation Email shows that the Standard Purchased Course was on January 1, 2021, then You have until January 14, 2021 to request a refund of the Standard Purchased Course, and upon receipt of Your timely request, CTL will refund the Standard Purchased Course in full. If Your request for a refund is made on January 15, 2021, CTL will not refund the Standard Purchased Course.
- CTL Refund of a Scheduled Purchased Course.
- A scheduled Purchased Course (“Scheduled Purchased Course”) is a Coaching Course that is scheduled to start on a specific date (“Start Date”) and can’t be accessed until that Start Date.
- CTL will provide a full refund of a Scheduled Purchased Course if You request a refund no later than fourteen (14) calendar days after the Start Date stated in CTL’s Course Purchase Confirmation Email. If, for some reason CTL extends the Start Date, then the fourteen (14) days runs from the extended Start Date. CTL will have a record of the actual Start Date of the Scheduled Purchased Course.
- To request a refund, please click on the “Submit Refund Request” button listed on CTL’s Refund Policy Page, located at https://createthelove.com/refund-policy.
- Refunds will be equal to the amount paid for the Scheduled Purchased Course as set forth in Your Receipt Email. If You can’t find Your Receipt Email, CTL will have a record of it.
- Refunds may take up to ten (10) business days to process and funds will be returned to the original method of payment for the Scheduled Purchased Course.
- CTL will not refund a Scheduled Purchased Course if the request for a refund is made fourteen (14) calendar days after the Start Date (or an extended Start Date). For example, if Your Course Purchase Confirmation Email states that the Scheduled Purchased Course starts on January 1, 2021, then You have until January 14, 2021 to request a refund of the Scheduled Purchased Course, and once CTL receives Your timely request, CTL will refund the Scheduled Purchased Course in full. If Your request for a refund is made on January 15, 2021 or thereafter, CTL will not refund the Purchased Course.
XIII. Restrictions On Purchased Courses, Accuracy Of Billing And Account Information:
- CTL reserves the right to limit the sale of or refuse any order of Coaching Courses offered by the Service.
- If CTL changes or cancels an order, CTL may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- You agree to provide current, complete and accurate purchase and account information for all purchases made using the CTL Service. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that CTL can complete Your transactions and contact You as needed.
XIV. Your Purchase of CTL Physical Goods:
- CTL Physical Goods. CTL may, from time to time, market, promote, and advertise physical goods (collectively, “Physical Goods” or “Physical Goods”) on the Service. These Physical Goods are available to be purchased from authorized distributors and all terms of sale, including without limitation shipping, refunds, and exchanges, are solely governed by the terms of sale of authorized distributors and/or third party platforms. CTL shall not be responsible for Your purchase of a Physical Good, including without limitation, the availability of, shipping, and/or refund, from a third party.
XV. Limitations And Prohibitions Of These Terms:
- You agree to use the Service solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, You must comply with the following:
- Unless expressly permitted in these Terms, You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without CTL’s prior express written authorization.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine CTL Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any CTL Content available on or through the Service.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any CTL Content available on or through the Service.
- You agree not to provide any false personal information to CTL or create a false identity or impersonate another person or entity in any way.
- You agree not to create a new account with CTL, without CTL’s prior express written consent, if CTL has previously discontinued Your use or account to the Service.
- You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
- You agree not to use the Service to build a competitive product or service.
- You agree not to use the Service for Your own or another’s commercial use or economic gain.
- You agree not to permit or assist any persons engaging in any of the activities described above.
- A breach of these restrictions may subject You to prosecution and damages, as well as liability for infringement of intellectual property rights.
XVI. Consequences Of Violating These Terms:
- If You do not accept and/or comply with these Terms, CTL may prohibit Your use of the Service. We reserve the right to suspend or terminate Your account and prevent You from accessing the Service for any reason, at CTL’s sole discretion.
- CTL reserves the right to refuse to provide the Service to You in the future.
- You are responsible for any claims, fees, fines, penalties, and other liability incurred by You or by others caused by or arising out of Your breach of these Terms and/or Your Use of the Service.
XVII. Suspension Of Service.
- We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service, without notice or liability to You.
XVIII. Third Party Content:
- Third-Party Links. The Service may include links to third-party content including without limitation external sites and applications owned or controlled by third parties, including but not limited to social media platforms or news service providers. You are responsible for evaluating whether You want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from Your use of them.
- Third-Party Disputes. We are not responsible or liable for any disputes or disagreements between You and any third-party in connection with Your use of the Service. You assume all risks associated with dealing with these third parties, and You release CTL of all claims, demands, and damages in connection with these disputes. You also agree to resolve disputes directly with these third parties and not to involve us in these disputes.
XIX. Disclaimers, Limitation of Liability, Release, Indemnification:
- Disclaimer of Use of The Service. You use the Service at Your own risk. We make no warranties or guarantees about the accuracy, reliability, completeness, or timeliness of the Service, CTL’s Content, data from third-party service providers, or the quality or nature of third-party products or services obtained or accessed through the Service.
- Definition of Released Parties. “Released Parties” include without limitation CTL, its shareholders, directors, officers, employees, independent contractors, agents, partners, affiliates, licensors, and successors.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER DEVICE OR THE LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
- Disclaimer of Specific Results. We make no promises and disclaim all liability of specific results from Your use of the Service.
- Disclaimer of Liability. We are not liable for anything that happens to You that somehow may be connected to Your use of the Service. If You use the Service in a way that causes CTL to be included in litigation, You agree to pay all legal fees and costs for the Released Parties.
- Release of CTL from Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF CTL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT OF YOUR PURCHASE IN THE AGGREGATE.
- You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from Your use or reliance on any CTL Content, or Your breach of these Terms. We will provide notice to You promptly of any such claim, suit, or proceeding. Your use of the Service grants CTL the right to participate in any mediation or settlement action with representation of counsel.
XX. General Terms:
- Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of the Terms as a whole.
- If any provision of these Terms is found by a court of competent jurisdiction or arbitration to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force.
- The Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
- CTL may freely assign these Terms. You may not assign these Terms.
XXI. Binding Arbitration, Class Waiver, & Waiver Of Jury Trial & Injunctive Relief:
- CTL includes without limitation its shareholders, directors, officers, employees, independent contractors, agents, partners, affiliates, and licensors, and successors.
- Prior to taking any action, You and CTL agree to attempt to informally resolve all disputes related to Your use of the Service, including without limitation a Purchased Course, and You will promptly notify CTL of Your claim at [email protected]. We will respond in writing within thirty (30) calendar days to address Your claim.
- For any unresolved disputes related to Your use of the Service, including without limitation a Purchased Course, that totals five thousand dollars ($5,000.00) or less, You and CTL agree to utilize the Civil Resolution Tribunal in British Columbia.
- For any unresolved dispute related to Your use of the Service, including without limitation a Purchased Course, that exceeds thirty-five thousand dollars ($35,000.00), You and CTL agree to binding arbitration under the rules of the Small Claims Court in British Columbia, with You and CTL each paying fifty percent (50%) of the arbitration fees. You and CTL agree that the prevailing party shall be entitled to the recovery of reasonable attorney’s fees and costs in addition to any award of damages.
- If the amount exceeds thirty-five thousand dollars ($35,000.00) You and CTL agree to binding arbitration under the rules of the Canadian Arbitration Association, with You and CTL each paying fifty percent (50%) of the arbitration fees. You and CTL agree that the prevailing party shall be entitled to the recovery of reasonable attorney’s fees and costs in addition to any award of damages.
- For all disputes related to Your use of the Service, including without limitation a Purchased Course, You agree NOT to join a class action lawsuit or serve as representative of a class action, obtain a jury trial, or seek to obtain injunctive relief, and expressly waive all rights thereto.
- These Terms and the relationship between You and CTL will be governed by the laws of British Columbia, Canada without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
- You also acknowledge, understand, and agree to, with respect to any dispute with the Released Parties arising out of or relating to Your use of the Service, including without limitation a Purchased Course, that under these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE;
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE WAIVING YOUR RIGHT TO INJUNCTIVE RELIEF;
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XXII. Contacting CTL:
- Please contact CTL with any questions about these Terms by email at [email protected].
- You may also write us at:
- Mark Groves Consulting, Inc. D/B/A Create The Love
@269 – 1917 4th Avenue
Vancouver, BC V6J1M7