Coach AJ Terms & Conditions

Coach Aj Hussey (“Coach AJ” or “we”, “us”, “our”) delivers online health and fitness services and other related programs, products and services (the “Services”) through our website (the “Site”) to individuals who use our Site and/or register or purchase our Services (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of our Services and the Site. A full copy of our Terms of Use, as amended, are available at www.ajhussey.ca

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.

By clicking the “I accept” button or by using our Site or Services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy. If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use our Site or Services. Coach AJ may modify these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on our Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.

 

Who Can Use Our Services

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Coach Aj specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Coach AJ will have no liability resulting from any use of our Site or Services by any Minor.

Our Services

Coach Aj offers four categories of nutritional information products and services:

    1. Nutrition Coaching Program (“Clean & Lean Coaching Program”);

When you register for one of our Programs, you will receive a structured 6-week nutrition program, a cooking program, and be able to connect with one of our experts (a “Coach Aj”) to help make adjustments to your program and keep you on track. Your Coach will adjust your  Coaching Program experience based on the information that you provide to us.

Coach AJ Cookbooks (“Books”);

 

Coach Aj offers Books for sale that are resources for nutrition and lifestyle information developed by the Coach Aj team through our research in the field of food and nutrition sciences. The Books are intended to provide nutritional information to help individuals embark on a self-guided cooking & nutrition program. The Recipes Cookbook is a cookbook including recipes, cooking instructions, and nutritional information for meal preparation.

Payment

You agree to pay and authorize Coach Aj’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as Clean & Lean Coaching Program). All fees are in CAD Dollars and are non-refundable except as required by law. Coach AJ is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

White Label-Cookbooks

The Company grants you a limited, personal, non-exclusive, non-transferable license to use our white-label cookbook for your own personal or business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit,copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the white-label cookbooks in any manner. As a white Label Cook Book the’re other clients who will be receiving the same book branded to there company as well.

By ordering the white-label cookbooks, you further agree that you shall not create any derivative work based upon the white-label cookbooks and you shall not offer any competing products or services based upon any information contained in the white-label cookbooks.

Cancellation Policy

You are solely responsible for properly canceling your account via an email request to cancel your account.(30 days Notice required)

Once you cancel, you will no longer have access to the New white-label cookbooks after your current membership period is completed.

You may continue to use the ones you have purchased.

Content Rights and Ownership

All content provided or otherwise made available by Coach Aj through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Coach Aj and is protected by intellectual property rights and unfair competition laws within and outside of Canada. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, Coach Aj hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.

By making Client Content available through our Services and Site, you hereby grant Coach Aj a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by Coach Aj on or through the Services and the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.

Trademarks and Trade Names

All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Coach Aj. You may not make any use of any Marks without the prior written consent of Coach Aj.

Feedback

We at Coach AJ would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at info@ajhussey.ca. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

General Prohibitions and Acceptable Usage

To foster a positive and welcoming community for our Services and on the Site, Coach Aj has established the following rules of use. You agree you will not:

  • Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
  • Attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
  • Create multiple accounts under different names or emails, or re-register an account that was previously terminated by Coach Aj ;
  • Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about Coach Aj employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
  • Use, display, mirror or frame the Services, or any individual element within the Services, Coach Aj name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without Coach Aj’s  express written consent;
  • Access, tamper with, or use non-public areas of the Services and the Site, Coach Aj computer systems, or the technical delivery systems of Coach Aj providers;
  • Attempt to probe, scan, or test the vulnerability of any Coach Aj system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Coach Aj or any of Coach Aj ‘s providers or any other third party (including another Client) to protect the Services, Site, or Content;
  • Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
  • Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Coach Aj or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
  • Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
  • Use any meta tags or other hidden text or metadata utilizing a Coach Aj trademark, logo URL or product name without Coach Aj ‘s express written consent;
  • Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Coach Aj reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Coach Aj has no obligation or responsibility to do so. In addition, Coach Aj shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.

 

No Professional or Medical Advice; No Doctor-Patient Relationship

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Coach Aj provides the services for informational purposes only. Based on information that you request and/or provide to us, Coach Aj provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Coach Aj believes that the information provided through our Services and the Site is current and reliable, Coach Aj cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, Coach Aj shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Coach Aj shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Coach Aj disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Coach Aj’s gross negligence or wilful misconduct.

 

Assumption of Risk and Disclaimer

Coach Aj PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT Coach Aj PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. Coach Aj GRANTS NO, AND  Coach Aj HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. Coach Aj DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATION WITH CUSTOMER SERVICE OR A Coach Aj REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Coach Aj AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF Coach Aj OR ANYONE ON Coach Aj’S BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT Coach Aj IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

Coach Aj HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR CLIENTS.

Limitation of Liability

IN NO EVENT SHALL Coach Aj, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF Coach Aj OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, Coach AJ DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO Coach Aj’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL Coach Aj BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO Coach AJ FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

 

Violation of the Terms of Use

In addition to any other rights and remedies available to Coach Aj, we reserve the right to terminate or suspend any Client’s right to access or use our Services or the Site, without notice, if we believe, in our sole discretion, that such Client has violated these Terms of Use.

 

Dispute Resolution and Governing Law

Coach Aj currently operates from Alberta, Canada. These Terms of Use shall be governed and construed in accordance with the laws of the Province of Alberta, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario Canada. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against Coach Aj arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release Coach Aj from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Personal Information and Privacy Policy

All information provided by you or collected by us in connection with your use of our Services, including your payment information and health information (“Personal Information”), will be collected, used and disclosed pursuant to the terms of our Privacy Policy, which is incorporated by reference and available online atwww.ajhussey.ca. Coach Aj may amend the Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through our Site or otherwise notifying you. Each time you use our Site, you consent to the collection, use and disclosure of your Personal Information (including your Personal Health Information) by Coach Aj in accordance with our Privacy Policy, as amended.

Links to Third Party Websites

Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. Coach Aj does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.

 

General Provisions

The Terms of Use, accepted upon first accessing the Services and the Site, including all policies, terms and conditions or other documents and agreements you may accept incorporated by reference, constitutes the entire agreement between you and Coach Aj regarding the use of our Services and the Site. Any and all other written or oral agreements or understandings previously existing between you and Coach Aj with respect to use of our Services and Site are hereby superseded and cancelled.

If any provision of the Terms of Use is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Our Communication with You

Subject to providing your express consent evidence by checking the box and option during the registration process for our Services or on our Site, you consent to receive (via email or through the Services or Site) communications from us regarding the use of the Services and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of the Services and the Site.

 

Contact Us

If you have any questions about these Terms of Service, our Services, or our Site please contact Coach Aj at info@ajhussey.ca

Thinkific

TERMS OF SERVICE

By signing up for the Thinkific service (“Service”) or any of the services of Thinkific Inc. (“Thinkific”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Thinkific reserves the right to update and change the Terms of Service by posting updates and changes to the Thinkific website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Thinkific’s Privacy Policy before you may become a Thinkific user.

Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Thinkific or any Thinkific services, you are agreeing to these terms. Be sure to occasionally check back for updates.

 

1 Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that Thinkific will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Thinkific cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Thinkific account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Thinkific will result in an immediate termination of your services.

WHICH MEANSDon’t use Thinkific for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

 

2 Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

WHICH MEANSThe person signing up for the Thinkific Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

 

3 General ConditionsYou must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Thinkific.

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You may not use the Thinkific service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Thinkific.
  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Thinkific or Thinkific trademarks and/or variations and misspellings thereof
  5. Questions about the Terms of Service should be sent to support@Thinkific.com.
  6. You understand that your Course Content (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.
  7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Thinkific, is governed by its privacy policy at https://www.thinkific.com/resources/privacy-policy/
  8. Unless you are on a paid plan with no transaction fees or have written consent from Thinkific, you agree not to charge people to access your courses other than by collecting payments on the Thinkific Service. Any attempt to bypass the Thinkific payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to upgrade to a no fees plan.

WHICH MEANSThe Thinkific service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.

Don’t bypass our billing system to avoid transaction fees. If you would like a no fees account, contact us to upgrade.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

 

4 Thinkific Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Thinkific customer, Thinkific employee, member, or officer will result in immediate account termination.
  5. Thinkific does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Thinkific employees and contractors may also be Thinkific customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. Thinkific retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Thinkific reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

WHICH MEANSWe can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Thinkific account, we can freeze the account or transfer it to the rightful owner.

 

5 Limitation of Liability

  1. You expressly understand and agree that Thinkific shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Thinkific or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Thinkific partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Thinkific does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Thinkific does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Thinkific does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Thinkific Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

WHICH MEANSWe are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

The total amount of our potential liability is limited to one month of your fees paid to us. 

 

6 Waiver and Complete AgreementThe failure of Thinkific to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Thinkific and govern your use of the Service, superseding any prior agreements between you and Thinkific (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANSIf Thinkific chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Thinkific don’t apply if they conflict with these terms.

 

7 Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Thinkific service. All material you upload remains yours. You can remove your Thinkific site at any time by deleting your account. This will also remove all content you have stored on the Service.
  2. By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow Thinkific to display and store your Course Content; and (c) that Thinkific can, at any time, review all the Course Content submitted by you to its Service.
  3. You retain ownership over all Course Content that you upload to a Thinkific site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to a Thinkific site however, by making your site public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

WHICH MEANSAnything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.

 

8 Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Thinkific’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  5. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Thinkific’s products and services, including without limitation, your subscription to or purchase of Thinkific’s ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  6. If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Thinkific’s products and services, you must provide us with a statement by email to accounting@Thinkific.comstating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Thinkific’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Thinkific’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to accounting@Thinkific.com.
  7. Thinkific does not provide refunds.

WHICH MEANSFor live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

 

9 Cancellation and Termination

  1. You may cancel your account at anytime by emailing customers@Thinkific.com and then following the specific instructions indicated to you in Thinkific’s response.
  2. Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the Thinkific service for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, Thinkific may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

WHICH MEANSTo initiate a cancellation, email customers@Thinkific.com. Thinkific will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted. If you cancel in the middle of the month, you’ll have one last email invoice. 

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

 

10 Modifications to the Service and Prices

  1. Prices for using Thinkific are subject to change upon 30 days notice from Thinkific. Such notice may be provided at any time by posting the changes to the Thinkific Site (Thinkific.com) or the administration menu of your Thinkific site via an announcement.
  2. Thinkific reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Thinkific shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANSWe may change or discontinue the service at anytime, without liability.

 

 

11 Optional Tools

  1. Thinkific may provide you with access to third party tools over which Thinkific neither monitors nor has any control or input.
  2. You acknowledge and agree that Thinkific provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Thinkific shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. Thinkific strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.

WHICH MEANSWe are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

 

 

12 DMCA Notice and Takedown ProcedureThinkific supports the protection of intellectual property and asks Thinkific instructors to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our instructors is infringing their intellectual property rights, they can send a DMCA Notice to Thinkific’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the instructor can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the instructor from engaging in the infringing activity, otherwise we restore the material.

WHICH MEANSThinkific respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

For everyone else this means,

If you believe one of our customers is infringing your intellectual property rights, you can send Thinkific a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.

 

13 Thinkific Experts

  1. Thinkific Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Thinkific site. Thinkific does not employ Experts and is in no way affiliated with Experts.
  2. Thinkific does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Thinkific and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
  3. Under no circumstances shall Thinkific be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Thinkific experts. These limitations shall apply even if Thinkific has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

 

WHICH MEANSExperts are not employees of Thinkific and we are not responsible for them.

Privacy Policy

HOW WE PROTECT YOUR PRIVACY

This privacy policy tells you how we Thinkific Labs Inc. (“Thinkific”) collect, use, and protect your personal information. By visiting thinkific.com (our website), you accept and agree to the terms and conditions of this privacy policy. This privacy policy applies to information we collect on this website and through e-mail and other electronic messages between you and us. It does not apply to information collected by any third party, including through any application or content that may be accessible from this website. In particular, by visiting this website you consent to our collection and use of your personal information as described in this privacy policy, including any updates or revisions to this privacy policy.

MINORS

We do not knowingly provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@thinkific.com.

POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE

Our privacy policy is part of, and subject to, our website’s terms and conditions of use. You may view these terms and conditions on our website www.thinkific.com.

THE TYPE OF INFORMATION WE COLLECT FROM YOU

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, location data, and the type of web browser that you are using. Our website automatically records this basic information about you.

And like many other websites, we may use cookies or similar tracking technologies. In plain English, this means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

We may also collect any data that you provide us by posting it at our website or by e-mail, including information by which you might be personally identified such as name, postal address, e-mail address, and telephone number, and/or any other contact or personally identifiable information.

Registered Accounts / Application Users. If you have a registered account and are a user of applications provided by us, you may voluntarily provide, and we may collect and store, additional information related to the registered account, including but not limited to: your email address, name and contact information, any API key provided by you or images you choose to upload.

You can always choose not to provide us with information. However, if you do withhold information, you may not be able to make use of some or all of our website’s services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

We may also obtain information from third parties, for example, our business partners, third-party suppliers, and customers.

Students and subscribers to your courses. If you offer courses publicly or otherwise and any person registers for a course or account or are a user of applications provided by us by by you through the Thinkific platform (“learners”), they may voluntarily provide, and we may collect and store, additional information related to the learner, such as: their email, activities within the Thinkific platform and within your courses and any additional information they choose to provide.

Some transactions between learners and our website or your courses or school may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including a billing address, telephone number, and other information related to the transaction.

We may also obtain information from third parties, for example, our business partners, third-party suppliers, and customers.

WHAT WE DO WITH YOUR INFORMATION

We use your information to operate our business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, provide you with notices about your account, resolve disputes, troubleshoot issues, enforce our website’s terms and conditions, to carry out our obligations and enforce our rights arising from contracts entered into between you and us, to protect our business interests and the interests and rights of third parties, and to fulfill any other purpose for which you provide data.

As a general rule, we will not give your data to third parties for direct marketing purposes without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs and the paragraphs above.

We may, in our sole discretion, provide information about you to comply with a court order, law or legal process, to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability or infringe on our rights or the rights of third parties.

We may provide information about you to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred.

We may disclose aggregate data about our website’s visitors to advertisers or other third parties.

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you through this website, you will be notified. We restrict the way third party suppliers can use your information.

We will share information with third parties to fulfill the explicit purpose for which you provide it. For example, we will post information that you enter into our blog’s comment system to our blog; share information where you give consent; and use information for the purpose that is disclosed by us when you provide the information; we share information with third parties who assist us in operating our business; for example if we use an email-service-provider, we may provide your email to such vendor to assist us in sending email communications.

USER NAMES AND PASSWORDS

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and password for access to certain parts of our website, you are responsible for keeping the username and password confidential. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

ACCESSING AND CORRECTING YOUR INFORMATION

If you have a customer account with us, you can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an e-mail at info@thinkific.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR VOLUNTARY DISCLOSURE OF INFORMATION TO THIRD PARTIES WHO ARE NOT OUR SUPPLIERS

You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.

AUTORESPONDERS

We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to info@thinkific.com, or sending us mail to the address listed below.

DO NOT TRACK

This website does not monitor for or behave differently if your computer transmits a “do not track” or similar beacon or message.

DISCLAIMER

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including the illegal acts of third parties (such as criminal hacking).

POLICY CHANGES

The terms of this policy may change from time to time. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified through your account. Your continued use of this website constitutes your consent to such revised privacy policy.

If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to info@thinkific.com, or one of the methods provided under Contact Information, and providing us with information relating to your concern.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
info@thinkific.com

Thinkific Labs Inc.

#400 – 369 Terminal Ave

Vancouver, BC

V6A 4C4

+1 888-832-2409

This privacy policy was last updated on December 19, 2014.

 

ANTI-SPAM POLICY

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of theCanada’s anti-spam legislation (CASL) and CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to info@thinkific.com and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Thinkific Labs Inc. #400 – 369 Terminal Ave, Vancouver, BC V6A 4C4

Please note that the content of this page can change without prior notice.

This Anti-Spam Policy was last updated on December 19, 2014