TERMS OF USE

Sheri Turrell Psychology Professional Corporation, carrying on business as Life in Balance Therapy, (“Provider”) maintains this website (“Site”) for the use of its customers and other Site users (“Users”) in accordance with these Terms of Use. Please read these Terms of Use carefully before using this Site. Use of this Site indicates acceptance of these Terms of Use and forms a binding agreement between you and Provider. If you do not agree to these Terms of Use, do not use this Site.

1.             Use of Materials

The Provider provides various audio and visual materials and other content on this Site (collectively, the “Materials”) which in some cases will be subject to the payment of fees. The Provider authorizes the User to view and download one copy of the Materials, for personal use by the User only. A maximum of one copy of the Materials may be printed provided that the User makes no modifications to the Materials and the User retains all copyright and other proprietary notices contained in the Materials. The User will keep all Materials strictly confidential, and will not sell, auction, loan, rent, give away, describe, exploit, transmit, distribute, summarize, or otherwise reveal the Materials or their contents, in whole or in part, to any other person or entity. 

The trademarks on the Site (including Materials) are trademarks of the Provider and its suppliers. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.

Links to external websites are provided solely as a convenience to the User. The Provider has not reviewed these external websites, does not control and is not responsible for any of these sites or their content. If User decides to access any of the external websites linked to this Site, User does so entirely at User’s own risk.

4.             Legal Disclaimer – Not Professional Advice

The Provider provides the information contained in the Materials to the User strictly for informational and educational purposes. The information contained in the Materials, including in any courses shall not be understood or construed as professional advice. The User shall use the User’s own judgment in applying the information provided in the Materials to the User’s own personal circumstances and should obtain additional professional advice where appropriate.

5.             Limited License

The User is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Materials, solely in accordance with these Terms of Use. All ownership rights in the copyrights, trademarks and other intellectual property related to the Materials remain with the Provider and its suppliers. 

6.             Legal Disclaimer – Technology

The Provider shall not be liable for any losses or damages of any kind related to this Site or any other technology used in the delivery of the Materials being unavailable or unusable for any reason whatsoever. The User hereby agrees that they have the necessary Internet connection and other technology in order to use the Materials.

7.             Course Registration and Termination Rights

The User agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The User is responsible for maintaining the confidentiality of the User’s password and account, and for all activities that occur under the User’s account. User agrees to maintain and update true, accurate, current, and complete registration data. If User provides any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate access to the Materials. The Provider reserves the right in its sole discretion, to terminate access of the User to the Materials at any time, if the User becomes disruptive, fails to follow the any guidelines in the Materials, violates intellectual property rights related to this Site, or breaches these Terms of Use. In the event of any termination of access to the Materials, the User shall not be entitled to a refund of any portion of the fees and shall not be excused from any payments that are due after the termination date.

8.             Cancellation Policy

A User may cancel a User’s access of the Materials and receive a refund in full for money paid, minus a $15 administration fee, through their Thinkific dashboard, within 2 weeks of purchase. Unless the User has canceled access to the Materials within such 2-week period, the User remains responsible to pay all amounts for the Materials including any remaining payments. Once the refund is processed, Materials will no longer be accessible. 

9.             Passwords

Any passwords and user IDs used for access to the Materials are for the User’s individual use only. The User is responsible for the security of User’s password and user ID (if any), and is responsible for all activities that occur under User’s ID and password. The User further agrees that the Provider will not be responsible for the unauthorized use of a User profile or account by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any losses or damages arising from a Users’ failure to comply with these provisions or any other provisions of the Terms of Use.

By purchasing Materials that require payment, the User hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing payments owing as determined by the provisions of these Terms of Use and the Site.

11.          Limitations and Exclusions of Liability

Except  to the extent prohibited by applicable law, in no event shall the Provider and its partners, employees, consultants, suppliers, contractors, agents or licensors be liable for losses or damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages, or any losses or damages in the nature of or relating to lost business, lost savings, lost data or lost profits, arising from the use of, reliance upon, or inability to use the Materials or the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitations and exclusions shall apply even if the Provider knew of or ought to have known of the possibility of such losses or damages.

12.          Full Disclaimer of Warranties

The Materials and the Site are provided strictly “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all representations, warranties, and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Materials, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations, warranties or conditions are made regarding the Materials including, without limitation, the Provider provides no representation or warranty that (i) the Materials will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Site will be uninterrupted or error-free, (iii) that defects or errors in the Materials will be corrected, (iv) that the Site will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the User will be secure and/or not intercepted. User acknowledges and agrees that the User is using the Materials and Site solely at the User’s own risk and liability.

13.          Release and Indemnity

The User hereby releases the Provider and its partners, employees, directors, officers consultants, agents, suppliers and licensors from, and in no event shall the Provider and its partners, employees, directors, officers consultants, agents, suppliers and licensors be liable to you or any other person or entity for, losses or damages of any kind arising from the use of, reliance upon, or inability to use the Materials or the Site, and you agree that your sole remedy for any losses or damages is to cease using the Materials and the Site. The User will indemnify and hold harmless the Provider and its partners, employees, directors, officers consultants, agents, suppliers and licensors from and against any demands, claims, suits, losses, judgments, fines, penalties, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from the use of the Materials or otherwise relating to the Site (including any breach by you of the Terms of Use). 

14.          Privacy

The Provider’s Privacy Policy is located at lifeinbalancetherapy.ca

15.          General Terms

These Terms of Use constitute the entire agreement between User and Provider with respect to its subject matter, and supersedes all communications, representations, or agreements, either oral or written, between User and Provider with respect to the subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The Provider’s failure to insist upon or enforce strict performance of any provision of these Terms of Use or any right shall not be construed as a waiver of any such provision or right. The provisions of these Terms of Use will ensure to the benefit of and be binding upon the Provider and the Provider’s respective successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. The Provider may assign these Terms of Use and their respective rights and obligations under these Terms of Use without your consent.

16.          Governing Law

The User agrees that these Terms of Use and any claim or dispute relating to this Site (including the Materials) shall be construed in accordance with the laws of the Province of Ontario without regard to its conflict of laws provisions. The parties agree to be bound and shall be subject to the exclusive jurisdiction of the courts located in Ontario.

17.          Effective Date and Updates

These Terms of Use are subject to change without notice by the Provider posting changed Terms of Use on the Site. Please check for changes regularly. User’s use of this Site after such changes constitutes User’s agreement to such changes.

BY USING THIS SITE, YOU ACCEPT THESE TERMS OF USE.

Last updated: March, 2023