Corliss Co. Consulting Inc. LAST UPDATED: February 5, 2020 PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES Corliss Co. Consulting Inc. (“CorlissCo”, the “Company”, “we” or “us”) is pleased to provide the Services to you. These Terms of Service (this “Agreement”) create a binding legal agreement between you as a user of https://corliss.ca/, and any other websites, applications, conferences, products or services provided, owned or operated by CorlissCo (collectively, the “Services”). This Agreement applies whether you are a user that registers an account with the Services (an “Account”) or an unregistered user. You agree that by creating an Account or otherwise registering, downloading, accessing or using the Services, you are entering into a legally binding agreement between you and CorlissCo for your use of the Services. By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. To access or use the Services, you must be 18 years or older and have the requisite power and authority to enter into this Agreement. To use the Services, you may be required to provide information about yourself including your name, email address, and other personal information. Our Privacy Policy forms a part of this Agreement and further explains how we treat information collected and received from you when you use and interact with the Services. If you have created an Account, you will be asked to provide us with certain user information, such as a username and password. You agree that any information you give to CorlissCo 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 Services, violate any laws in your jurisdiction. You further agree that you are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of you Account username and password. Unless permitted by CorlissCo, you may not sell, rent, lease, share or provide access to your Account to anyone else. You may use the Services for lawful purposes only. You shall not post or transmit through the Services 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 offense, give rise to civil liability or otherwise violate any law. Unless otherwise indicated, the Services contain intellectual property owned by CorlissCo, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property, as well as the Corliss Co. Consulting Inc. name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof (the “Intellectual Property”). You may, view, print and/or download one copy of the Intellectual Property from the Services on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. 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 Services’ content or Intellectual Property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you are caught violating this Intellectual Property policy. CorlissCo makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free and disclaims all liability for any inaccuracy, error or incompleteness in the Services. By participating in and/or subscribing to the Services, you acknowledge that CorlissCo cannot guarantee any outcomes and any comments about the outcome are expressions of opinion only. CorlissCo cannot make any guarantees other than to deliver information, education, and services purchased as described. By participating the Services, you acknowledge that CorlissCo and its representatives are not licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice. CorlissCo may provide you with information relating to third-party products and/or services that CorlissCo believes might be beneficial to you, including, not limited to, business and marketing platforms, products and applications but such information is a recommendation only. CORLISSCO IS NOT LIABLE FOR ANY ADVERSE EFFECTS OR CONSEQUENCES THAT MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY RECOMMENDATIONS PROVIDED. You agree that these are only recommendations and CorlissCo will not be held liable for the products and/or services provided to you by any third-party. Should CorlissCo be an affiliate for any product and/or service and receive a commission, this information will be disclosed at the point of purchase. You acknowledge that CorlissCo has not and does not make any representations as to the future income, outcomes, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Services. Testimonials, earnings, or examples shown through the Services, programs are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL CORLISSCO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE CORLISSCO SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CORLISSCO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CORLISSCO’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CORLISSCO, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE CORLISSCO SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CORLISSCO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, CORLISSCO SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. YOU AGREE TO INDEMNIFY AND HOLD CORLISSCO HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING LAWYERS’ FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE CORLISSCO SERVICES (II) YOUR BREACH OR VIOLATION OF ANY PART OF THIS AGREEMENT; OR (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT CORLISSCO HAS OFFERED THE CORLISSCO SERVICES AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CORLISSCO, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CORLISSCO. CORLISSCO WOULD NOT BE ABLE TO PROVIDE THE CORLISSCO SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. The Services may contain links to third-party websites and resources. You acknowledge and agree that CorlissCo is 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 CorlissCo. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Fee charges are facilitated through a third-party payment processor. Currently, we use Stripe. CorlissCo may change its third-party payment processor from time to time, and these changes will be updated on the Services. Given that fees are done through a third-party payment processor, all information supplied to such a provider will be collected and processed pursuant to the terms of that third party’s privacy policy. We recommend that you familiarize yourself with that third party’s privacy policy, so that you understand how your payment information may be collected, used, processed, and stored. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Services, 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 we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. We have no responsibility or liability for the independent policies of the payment processing companies and merchants and when you make certain purchases through our Services, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links, privacy policy and terms, or contact that merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Services. This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan within Canada, regardless of the conflict of laws principles thereof. The venue for any action arising hereunder shall be in the City of Saskatoon in the province of Saskatchewan. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the ADR Institute of Saskatchewan which uses the ADRIC Arbitration Rules. If you are a resident in any jurisdiction in which the provisions of this section are found to be unenforceable, then any disputes, claims of causes of action arising out of or in connection with this Agreement will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil court in your jurisdiction of residence. 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. This Agreement is binding upon and enures to the benefit of the parties’ successors and assigns. This Agreement is not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid. This Agreement constitutes the entire agreement between you and Corliss Co. Consulting Inc. pertaining to the Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by CorlissCo shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by CorlissCo. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If you have any questions or concerns regarding this Agreement, please email [email protected].TERMS OF SERVICE
OVERVIEW
USE OF THE SERVICES
INTELLECTUAL PROPERTY
DISCLAIMERS
LIMITATION OF LIABILITY
INDEMNITY
THIRD PARTY RESOURCES
ONLINE COMMERCE
GOVERNING LAW; VENUE; ARBITRATION
SEVERABILITY
ASSIGNMENT
ENTIRE AGREEMENT; WAIVER; HEADINGS
CONTACT
