TERMS AND CONDITIONS OF SALE
BY PAYING FOR A PROGRAM, COURSE, OR SERVICE EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You irrevocably agree to enter into this Uncage Your Business Agreement with Rebecca Tracey (the “Company” or “we/us”) Rebecca Tracey (the “Coach”), then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this service, course, or program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Client understands that they are 100% responsible for her own progress and results. Client understands that they are the one element over which Coach or Company has no control and therefore. Client understands that their results are not guaranteed. Client commits to full participation in the Program and understands that nothing is guaranteed in business, and that the Coach will do her best work possible, but at the end of the day, it’s up to the client to do the work. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. Rebecca Tracey does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the services of Rebecca Tracey.
We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same fellow rights of fellow Program participants and of the Coach and the Company.
You agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By paying for the program, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/ or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
You authorize the company to charge your credit card or debit card (through PayPal or Stripe):
Skipped or cancelled payments will result in an immediate removal from the Program until payment has been made or new payment arrangements have ben mutually agreed upon by you and Rebecca Tracey. Time lost will not be made-up.
You are responsible for full payment of fees for the entire Program, regardless of whether you complete the Program, are able to complete the program, regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan. In the event of a defaulted payment, we will contact you via email to re-instate the payment plan or invoice for a lump sum. In the event of 3 non-responsive emails, all accounts will be sent to an international collections agency for collection.
Because of the digital nature of our courses, there are no refunds under any circumstances.
USE OF THE SITE AND PROGRAM
To access or use www.theuncagedlife.com or the program specific Facebook Group (the “Site”), you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and life coaching and other information are subject to change. Rebecca Tracey and The Uncaged Life makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Rebecca Tracey disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to participate in the Program, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Rebecca Tracey and The Uncaged Life will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.
You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You
shall not post or transmit through the Site 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, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
The Program is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavour to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Rebecca Tracey and The Uncaged Life. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program. Content you submit to Rebecca Tracey and The Uncaged Life remains yours to the extent that you have any legal claims therein. You agree to hold Rebecca
Tracey harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or
infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Program contain intellectual property owned by Rebecca Tracey and The Uncaged Life including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us emailing the new Terms and Conditions. Any use of the Site or Program by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Program, including these Terms and Conditions, at any time.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Program. Additionally, Rebecca Tracey and/ or The Uncaged Life is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Rebecca Tracey and/or The Uncaged Life has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Rebecca Tracey’s cumulative liability to you exceed the total purchase price of the Program you have purchased from Rebecca Tracey and/or The Uncaged Life, and if no purchase has been made by you Rebecca Tracey’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Rebecca Tracey and The Uncaged Life You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Rebecca Tracey and The Uncaged Life pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Rebecca Tracey and The Uncaged Life shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Rebecca Tracey and The Uncaged Life.
All notices, requests, demands, and other communications under this Agreement shall be in writing.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ontario, Canada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted
under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
BY PAYING FOR THE PROGRAM EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS ABOVE.