THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between Happily, Hedy, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in any e-course, class, program, workshop, or training offered by Happily, Hedy (all collectively referred to as "Program" . All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Program and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
Article 1 - DEFINITIONS: A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Program, is responsible for providing the Program publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties
Article 2 - ASSENT & ACCEPTANCE: By purchasing and participating in the Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Program immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Program to you if you assent to this Agreement.
Article 3 - LICENSE TO USE WEBSITE & ACCESS PROGRAM MATERIALS: We may provide you with certain information as a result of your accessing of the Program through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Program ("Materials"). Subject to this Agreement, we grant you a nonexclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Program and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Program, your cessation of use of the Program or the Website, or at the termination of this Agreement.
Article 4 - PROGRAM TERMS: The Program and any of its accompanying Materials may not be shared with any party. If we suspect that the Program or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Program, in our sole and exclusive discretion. We do not offer any promises or guarantees with regard to our Program or Program Materials. You hereby acknowledge and agree: A) You are solely and exclusively responsible for the choices that you make with regard to this Program, the Materials contained within it, or any significant changes to your business or life; B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take; 3/9 C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Program
Article 5 - YOUR OBLIGATIONS: As a participant in the Program, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Program. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Program or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 6 - PAYMENT & REFUNDS: The entirety of the Fees are due and payable upon your registration in the Course. No payment plans or installment plans are available.
Due to the digital download nature of digital products, all sales are final and refunds are not offered. If you have any questions about if a course is a good fit for you please email [email protected] BEFORE purchasing the product.
Since we have a clear and explicit refund policy outlined in these Terms and Conditions that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Article 7 - AFFILIATE MARKETING & ADVERTISING: We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Program and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
Article 8- NO LIABILITY: The Program and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Program, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. We do not assume responsibility or liability for any advice or other information given in the Program, in the Materials, or on the Website. You voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold the Course Provider harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your (or your minor child’s/ward’s) participation in the Program, whether or not caused by the active or passive negligence of the Course Provider.
Article 9 - INDEMNIFICATION: You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Program, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 10 - SPAM POLICY: You are strictly prohibited from using Course for illegal spam activities, including 6/9 gathering email addresses and personal information from others or sending any mass commercial emails.
Article 11 - MODIFICATION & VARIATION: We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 12 - ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to the Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 13 - TERM, TERMINATION & SUSPENSION: We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of 7/9 this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us
Article 14 - NO WARRANTIES: You agree that your participation in the Program and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Program or Website will meet your needs or that the Program or Website will be uninterrupted, error free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Program or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Program or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 15 - JURISDICTION, VENUE & CHOICE OF LAW: These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to its conflict of laws. The nearest state and federal court to Canada, Alberta, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to these terms and conditions. By using the Program, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.