Website Terms of Use
Last updated on May 13, 2024
This website, www.danasmithwellness.com (“Site”) is owned and operated by Dana Smith, a Dana Smith Wellness Consulting operating under the laws of British Columbia, Canada. In these Terms of Use (“Terms”), “we”, “us” and “our” refer to Dana Smith Wellness Consulting and the terms “you” or “your” refer to any individual user of our Site or if you are using this Site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products and free or paid offerings, content, webinars, courses or resources (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted-in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that are the applicable age of majority in your jurisdiction to enter into a contract with us. If you are using this Site on behalf of your employer, you guaranty that you have the authority to bind your employer to the Terms. If you do not meet these requirements, you must stop using our Site.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email us at hello@danasmithwellness.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.
FEES AND REFUNDS
Fees
Fees are as listed on our Site and in Canadian dollars. We reserve the right to change our Fees at any time and without notice.
Refunds
We do not provide refunds. Any refunds issued will be in our sole discretion and determined on a case-by-case basis.
Chargebacks
You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.
Digital Product Licensing
When you purchase or opt-in to any of our digital products, services or other resources (collectively “Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access our Digital Products. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use or use in your business for non-commercial purposes; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only.
For clarity, as a condition of your limited license you may not: (i) re-sell, distribute or trade your access or passwords to access the Digital products; (ii) share the Digital Products with anyone else who has not yet purchased it or opted in to receive it; (iii) republish any of the Digital Products, in part or in whole; (iv) distribute any of the materials contained in the Digital Products or related materials and/or communications as your own; (v) use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work; (vi) claim ownership or use over any of our intellectual property, including but not limited to our Digital Products without our prior consent, which includes (but is not limited to): copyrights such as downloads, resources, courses, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of any of our Digital Products or other offerings (and its related communications and materials); or (vii) use our Digital Products or Intellectual Property in any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
Media Release
By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. 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 our Site.
Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to hello@danasmithwellness.com.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
Any communications made through our contact form, blog comments, social media pages or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.