Terms and Conditions
Please read these Terms and Conditions (“TAC”) carefully. You must agree to these TAC before you are permitted to use any Process Design Consultants Inc. (“the Company”) digital or downloadable resources, online course, interactive or static website, one-on-one or group coaching, class, Resources, workshop, or training, or enter any online private forums operated by the Company (for any purpose), whether on a website hosted by the Company or a third-party website such as an online course platform (collectively “the Resources”).
If you do not agree with these TAC, you may not use the Resources.
As used in these TAC, the term “Releasees” is defined to include the following: (i) Process Design Consultants Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers.
The Resources are intended and only suitable for individuals aged 18 and above. Some of the content in the Resources may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of 18.
2. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Resources, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You:
If you view, or access any Resources or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Resources and Content for your own personal educational purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, or distribute electronically, the Resources or Content to others or any other third party, or otherwise use any material from the Resources or Content for commercial purposes either for free or in any way that earns you or any third party money (other than by applying the content generally in your own life or business for your own personal development). By downloading, printing, or otherwise using the Resources or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Each purchase is intended for the sole use of one student only. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement, and your access to the Resources will be canceled with no refund.
You must receive our written permission before using any of the Resources or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Resources or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Resources or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”).
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to The Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during use of the Resources such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old.
The Company will request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), whenever reasonably possible, for any purposes, including commercial purposes such as advertising. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason. Exceptions to our request for consent may include comments made by your public profile picture that are visible on a public forum or domain site should you comment on automatically updating, publicly visible spaces under the Resources.
For removal, please contact us at [email protected]
The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Resources. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you unless otherwise specified in writing, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Resources or in our Content at any time for any reason.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing before you use the Content by sending an e-mail to [email protected]
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Resources and Content.
3. Your Conduct in the Resources; Confidentiality
Please choose carefully the Materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
Company agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Resources participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
You are responsible for your Material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Sharing private and proprietary information from the Resources with anyone else
• Violating the rules posted in any private forum, whether hosted by Company or on a third-party sites.
We may also post separate rules regarding your behavior if the resource contains an area entitled “RULES” of any online Resource, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TAC.
If, in Company’s sole discretion your conduct violates these TAC in any way, You agree that the Company may immediately and permanently terminate your access and participation in the Resources and Content, and remove You from the private group or other third-party forums operated by the Company.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
The Company may terminate your participation in the Resources at any time, without refund, if you breach any part of these TAC. In the event of cancellation or termination, you are no longer authorized to access the part of the Resources or Content affected by such cancellation or termination. The restrictions imposed on you in these TAC with respect to the Resources and its Content will still apply now and in the future, even after termination by you or the Company.
All products and services are final sale.
5. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge, within the maximum limits of applicable law, that, by engaging with the Company for the Resources, you voluntarily are participating in the Resources and You 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 Releasees 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 participation in the Resources, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Resources except in the instances of willful misconduct and gross negligence.
b. Your participation in the Resources does not establish a doctor-patient or counseling relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company.
c. The Resources and Content provides information and education only, and does not provide any financial, legal, medical, employment, or psychological services or advice. None of the Resources or Content prevents, cures or treats any mental or medical condition. The Resources and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Resources.
d. Earnings and Results Disclaimer. You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Resources. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Resources, and you understand that results and earnings differ for each individual.
e. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
f. The Company tries to ensure that the availability and delivery of the Resources and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE RESOURCES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE RESOURCES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RESOURCES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE RESOURCES.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
7. Legal Disputes
These TAC shall be governed by and construed in accordance with the laws of Ontario, Canada, excluding its conflict of laws principles. The exclusive place of jurisdiction pertaining to any case or controversy arising from or relating to these TAC is Ontario, Canada. The first step of dispute process is to attend preliminary mediation. The prevailing party in any dispute between the parties arising out of or related to these TAC, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
8. Users Outside Ontario, Canada
The Company controls and operates the Resources from offices in Ontario, Canada. The Company does not represent that materials on the Resources are appropriate or available for use in other locations. People who choose to access the Resources from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Resources or Content in violation of these TAC, (ii) any breach by you of these TAC or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Resources or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, to the limitation of the application of the law.
10. Force Majeure
The Company shall not be deemed in breach of this Agreement if Company is unable to provide all of the Resources or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Resources and shall propose revisions to the schedule for completion of the Resources or other accommodations, or may terminate this Agreement.
11. General Provisions
This Agreement, including our Privacy and Cookie Policies which are incorporated herein, constitutes the entire agreement between the parties, and reflects a complete understanding of the parties with respect to the subject matter.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This agreement supersedes all prior written and oral representations.
If you do not agree with these TAC, do not enter or use the Resources or Content.