Terms And Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS EXCLUSIONS AND LIMITATIONS TO OUR LIABILITY.
1. Overview. This website (this “Website”) is owned and operated by Flourish True, a sole proprietorship located in Kitchener, Ontario, Canada. The use of this Website, and all services offered through this Website, are subject to these terms and conditions (these “Terms and Conditions”). By accessing and using this Website, you agree to be bound by these Terms and Conditions.
2. Purpose. The purpose of this Website is to provide general and educational information only. This Website does not provide medical advice nor does the use of this Website create a professional-client relationship. It is your responsibility to conduct your own research, consult and obtain a professional for your medical or health needs. By using this Website, you agree that any reliance upon said information shall be at your own risk.
3. Responsibility for Use of Website. To access or use this Website, you must be 18 years or older and have the power, capacity and authority to enter into the Terms and Conditions. If you are under the age of 18, you must get permission from a parent or legal guardian prior to using this Website.
You may use this Website for lawful purposes only. You shall not post or transmit through this Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or contains injurious formulas, recipes or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4. Limitation of Liability. Flourish True will not be liable to you or anyone else for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages arising from your use of this Website including, but not limited to, all the content, information, products, and services. Flourish True will not be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any resulting damages or as a result of goods or services offered by a third party linked through this Website. Flourish True is not liable for any injury, losses, claims, actions, causes of action, demands, costs, expenses, loss of profits, revenue, data or use, incurred by you, regardless of cause, including, without limitation, whether the liability arises out of breach of contract, tort, negligence, willful conduct, breach of warranty or otherwise, even if the other party has been advised of the possibility of such damages.
Your sole and exclusive remedy for any breach or default of these Terms and Conditions by Flourish True shall be a return of any fees paid to Flourish True for any products or services provided under these Terms and Conditions.
5. Errors and Omissions. This Website and all information and materials contained in it are provided on an “as is” basis. All information and materials on this Website are believed to be accurate and reliable at the time of publication to the best of Flourish True’s knowledge and belief, but there may be omissions, errors or mistakes. Flourish True does not warrant that all of the information and materials contained in this Website is accurate, complete or up-to-date and is not responsible for any omissions, errors or mistakes. Flourish True is not liable for any damages due to any errors, omissions or mistakes on this Website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the Website, website attacks including computer virus, hacking of information and any other system failures or misuse of information or products.
6. No Guarantees. By using this Website, you accept that Flourish True does not make any guarantees, representations, conditions or warranties of any kind, either express or implied or statutory, including, without limitation, to implied warranties or conditions of merchantable quality or fitness for a particular purpose, warranties as to the accuracy, completeness, results or the outcome of services, recommendations, information or materials which can be accessed, directly or indirectly, through the Website.
7. Testimonials. The testimonials, statements or opinions on this Website are applicable only to the individuals who authored such testimonials, statements or opinions and are not the testimonials, statements or opinions of Flourish True. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid or provided with free products, services or benefits in exchange for their testimonials. The testimonials are representative experiences of customers, clients and colleagues, but results will be unique and individual to each person.
8. Affiliate Links. Some of the links on this Website are affiliate links, which means if you click on a link and purchase a product or service, Flourish True may receive an affiliate commission. If an affiliate link is listed, Flourish True will disclose it to you at the bottom of each blog post, page or e-mail newsletter, if applicable.
9. Indemnification. You agree to indemnify and hold harmless Flourish True, its directors, officers, employees, agents, representatives, affiliates, licensees, successors and assigns, its web hosting services, and any third parties for any claims, actions, causes of action, demands, losses, costs, liabilities and expenses (including but not limited to court costs and legal fees, on a substantial indemnity basis, awards or settlements) relating to or arising out of your use of this Website, including, without limitation, any breach of these Terms and Conditions by you.
10. Confidentiality. Absent the use of encryption, the internet is not a secured medium and privacy cannot be ensured. Internet e-mail and communications are vulnerable to interception. Flourish True will not be responsible for any damages you or any anyone else may suffer as a result of transmission of confidential information that you make to any third party through the internet e-mail links provided on this Website. Flourish True is not responsible for any errors or any changes made to any transmitted information.
11. Purchases. This Website may allow you to make purchases from Flourish True or from other merchants.
If you make a purchase through this Website, the information acquired during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by Flourish True, the merchant, and the payment processing company.
Your participation, correspondence or business dealings with any merchant, affiliate, individual or company found on or through this Website (a “Merchant”), all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that Flourish True shall not be responsible or liable for any claims, loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. If you make a purchase through this Website directly with Flourish True, you agree to pay for any membership, product or service you purchase through the Website, and authorize Flourish True to charge your credit card or PayPal account for the purchase price and for any additional amounts owing (including any taxes, fees or interest, as applicable) that may be accrued by or in connection with your account or your activities on this Website.
Flourish True has no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through this Website, you may be subject to the additional terms and conditions of a payment processing company, Merchant or Flourish True that specifically apply to your purchase. For more information regarding a Merchant and the terms and conditions that they use, visit that Merchant’s website and review their policies or contact the Merchant directly.
You release Flourish True, our affiliates, our payment processing company, and Merchants from any damages or losses that you incur, and agree not to assert any claims, actions, causes or action or demands against Flourish True or any of them, arising from your purchase through or use of this Website.
12. Refund policy. All transactions are final. Package payments are paid in advance and in full. Flourish True does not make any guarantees, representations or warranties regarding results for services rendered., Results depend a number of factors and conditions, including, without limitation, on your openness to being coached and your willingness to do the work.
13. Receipts. Individual receipts for services are provided after each client service has been rendered. Receipts may be submitted by you for extended health benefits or insurance coverage if eligible under your coverage or policy. Flourish True does not guarantee, represent or warrant that services are eligible under any health benefits or insurance coverage.
14. License for purchases. If you purchase a digital product on this Website, you are granted three (3) revocable, worldwide, non-exclusive license to the product(s) purchased. You are not permitted to give or resell any products that you bought from this Website to anyone. If you violate this license, you will be charged for the licenses to the product(s) you have given or resold to others and access to the product(s) will be revoked.
15. Intellectual property.Except where expressly stated otherwise, all right, title and interest in and to the Website and all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, patterns, data , source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of this Website and any other work (“Our Content”) is owned, and fully vested in Flourish True, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary laws. You agree that Our Content is licensed subject to the Terms and Conditions, including, without limitation, the disclaimers and limitations of liability herein. Nothing in your use of this Website or the Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use this Website as set out in the Terms and Conditions. Unless otherwise expressly authorized by us in writing, you do not have permission to use Our Content on this Website for any purpose including republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on this Website, reverse engineer or break into this Website, or use materials, products or services in violation of any law. If you are in violation of the Terms and Conditions, Flourish True can terminate your use of this Website at any time and reserves the right to sue you.
16. Termination. Flourish True, in its sole discretion, may terminate your access to the Website or block your future access to the Website at any time, with or without notice, for any reason including, without limitation, if we discontinue the Website, materially modify the Website or any service offered on or through the Website, if we experience unexpected technical issues or problems or if we determine that you have violated the Terms and Conditions or other agreements or guidelines that may be associated with your use of the Website.
17. Jurisdiction. These Terms and Conditions are governed by and construed in accordance with the law of the Province of Ontario and the laws of Canada applicable therein. For the purposes of all legal proceedings, the Terms and Conditions shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under the Terms and Conditions. The parties hereby attorns to the jurisdiction of the courts of the Province of Ontario.
18. Waiver. The failure of Flourish True to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision. Any waiver of the Terms and Conditions by Flourish True must be in writing and signed by an authorized representative of Flourish True.
19. Severability. Each of the provisions of the Terms and Conditions is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. If any one or more provisions or parts of a provision contained in the Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of the Terms and Condition or any other jurisdiction, but the Terms and Conditions shall be reformed and construed in any such jurisdiction as if such invalid or illegal or unenforceable provision or part of a provision had never been contained herein and such provision or part shall be reformed so that it would be valid, legal and enforceable to the maximum extend permitted in such jurisdiction. If, in any judicial proceeding, a court or arbitrator shall refuse to enforce all of the separate covenants and agreements deemed to be included in the Terms and Condition, it is the intention that the covenants and agreements which, if eliminated, would permit the remaining separate covenants and agreements to be enforced in such proceeding, shall, for the purposes of such proceeding be deemed eliminated from the provisions of the Terms and Conditions.
20. Entire Agreement. The Terms and Conditions and Privacy Policy, as they may be amended or replaced from time to time, constitutes the entire agreement between you and Flourish True, and governs use of this Website, and supersedes all prior or concurrent communications, representations, warranties, covenants, agreements, conditions, or other provisions, whether electronic, oral or written, express or implied, collateral or statutory or otherwise, between you and Flourish True with respect to this Website. Notwithstanding the foregoing, the use of this Website may also be subject to additional posted terms and conditions policies, guidelines, or rules.
Flourish True may revise, amend, replace or supplement the Terms and Conditions at any time without prior notice or consent. Accordingly, you should review the Terms and Conditions periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions.
[Last Revised on January 22, 2021]