4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. COURSE RULES. Should the Client have any questions or queries related to the program; the Client agrees to use the private Facebook Group for their current program or client relations & customer support, Megan Nagy at [email protected]. Client agrees to bring their questions up within the group setting in lieu of contacting Adele Tevlin for the duration of their program(s). Client agrees to abide by all instructions/assignments issued by Adele Tevlin and/or other instructors. To the extent that Client fails to complete such instructions/assignments in the time allotted, Company reserves the right, at Company’s sole discretion, to terminate further coaching sessions/calls unless and until such instructions/assignments are completed. Terminated coaching sessions/calls because of non-performance by Client shall not be refundable. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. To the extent that Client attends Company’s seminars/workshops, Client shall not mass-distribute marketing materials to or mass-solicit other attendees of Company’s seminars. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
14. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
15. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property (trademarks Adele Wellness Inc, etc) for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
16. PAYMENT TERMS. Parties agree that the services to be rendered are in the nature of business consulting and education. Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, in light of Client’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein.
NO REFUNDS - In the event that Client terminates services prior to the completion of the services, Client shall be responsible for the entire Fee set forth on the Site. Upon execution of this agreement, all payments towards the Fee shall be collectable and non-refundable on the dates outlined within the Site and the Course.
17. CONFIDENTIALITY. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client can had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
19. This agreement shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the federal court. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
GENERAL MEDIA RELEASE, EARNINGS DISCLAIMER, COPYRIGHT, AND GENERAL DISCLAIMER AGREEMENT.
In consideration of my approved attendance in any of Adele Wellness Inc. Programs (“Meeting(s)”), I hereby acknowledge:
1. I hereby expressly grant to Adele Wellness Inc. (“Company”) and to its officers, employees, independent contractors, agents, and assignees the right to use photographs, video, and/or audio impressions (including over the internet) of me recorded by Company and to use the photographs and my voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including any still image, videotaped image, CD-ROMs, DVDs and/or other analog or digital means), in connection with or as part of any presentation, program, publication, product, transmission, or other professional endeavor in which the same may be used or incorporated, and also in the advertising, and/or publicizing of any such analog or digital works or their content, in perpetuity. I understand these images / sounds may be used for commercial, educational, or informational purposes. I further understand my own personal and individual audio/video recording is NOT permitted in the Meeting via digital camera or phone/recording devices.
2. I understand that it is not permitted to use any Adele Wellness Inc. program to solicit myself, my services, my events or programs/products.
3. I understand that there can be no assurance that any prior successes, or past results in income earnings, can be used as an indication of my future success or results. I acknowledge monetary and income results are based on many factors. Company does not guarantee or imply that I will get rich, that I will do as well, or that I will make any money at all, especially if I do not do the work that’s asked of me or I ignore any other advice presented to me. Company’s services may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in Company’s products, services, or web site, should be done only with the knowledge that you could make no money at all. All products and services by Company are for educational and informational purposes only. I agree that I am solely responsible for doing my own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by my own qualified professionals including checking with my accountant, lawyer or professional advisor, before acting on this or any information. Company’s information, products, and services should be carefully considered and evaluated, before reaching a decision, on whether to rely on them. I agree that Company is not responsible for the success or failure of my decisions relating to any information presented by Company, or Company’s products or services.
4. I understand and acknowledge that this Release discharges Company from any liability or claim that I may have against Company (or it’s sub-contractors) with respect to bodily injury, personal injury, illness, death, or property damage that may result from my attendance in the program. I also understand that neither Company nor its staff or sub-contractors are responsible for the safety or maintenance of the facility(ies) where the Meeting is being held.
ADELE WELLNESS, INC. ENROLMENT AGREEMENT
5. COPYRIGHT AND CONFIDENTIALITY NOTICE: The materials and resources used in this program are the confidential and exclusive copyright and proprietary intellectual property of Adele Wellness, Inc. (“Company”). These materials are provided to you by Company and solely intended for your personal use as a Meeting Participant (“Client”). No part of these documents and/or resources can be stored, reproduced or transmitted in any form or by any means (electronic, social media, photographic, mechanical, or any other medium), recorded, translated, or used to produce any derivative works without the explicit written permission of Company, under signature. Any violation or display of the likelihood of violating, any of your agreements contained in this paragraph, entitles Company to injunctive relief to prohibit any such violations.
I hereby certify that I have read the foregoing and fully understand the meaning and effect thereof.
Last Updated: August 6th, 2021