Last Revised: April 19, 2018
These Terms of Sales & Service (“TOSS“) are between Tia Slightham d/b/a Tia Slightham – Parenting Solutions (“TSPS”) and the entity or person agreeing to these TOSS (“You”).
These TOSS govern Your access to anduse (“use”) of, and Your purchase of, TSPS’s Products and Services (each as further described below), whether via TSPS’s website located at tiaslightham.com (and the webpages within that website) (“Website”).
TSPS’s services (“Services”) include making the Website available to TSPS’s end-users (“Users”), as well as any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software, hyperlinks, embedded links, and other types of content (“Content”) appearing on the Website. TSPS may also offer end-users the opportunity to purchase via the Website certain (i) additional Services, which may be made available online or provided in-person; and (ii) certain products (“Products”), such as e-books and manuals.
You may contact TSPS by e-mail at email@example.com with questions about these TOSS.
PLEASE READ THESE ENTIRE TOSS CAREFULLY BEFORE USING OR PURCHASING THE SERVICES OR PRODUCTS.
THESE TOSS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING:
- DISCLAIMERS REGARDING THE SERVICES AND PRODUCTS;
- AN INDEMNITY FROM YOU;
- LIMITATIONS ON AND EXCLUSIONS OF LIABILITY;
- AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO PEAK RELIEF OR THESE TOSS TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT;
- AND A FORUM SELECTION CLAUSE.
BY using the SERVICES, PURCHASING PRODUCTS, OR ENTERING YOUR E-MAIL ON THE WEBSITE AND INDICATING THAT YOU HAVE ACCEPTED THIS AGREEMENT, OR BY AGREEING TO THESE TOSS IN WRITING TO TSPS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TOSS AND THAT YOU ACCEPT AND ARE BOUND BY THESE tosS. IF YOU ARE AGREEING TO THESE TOSS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO TSPS THAT (I) YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TOSS; (II) YOU HAVE READ AND UNDERSTAND THESE TOSS; AND (III) YOU AGREE, ON BEHALF OF SUCH PERSON OR ENTIRY, TO THESE TOSS.
IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TOSS, YOU MUST NOT USE THE SERVICES AND MUST CEASE ANY USE OF THE SERVICES IMMEDIATELY.
- YOU MUST BE OF LEGAL AGE
You may not use the Services, or order Products or additional Services, if You are not of legal age to form a binding contract under the jurisdiction under which You reside.
- TSPS collects, uses and discloses personal information about You for reasons that include making the Services available and selling Products and Services. For instance, as part of purchases, You may be asked to provide certain information, such as: name, phone number, address, e-mail, and billing and payment information (e.g. credit card information). TSPS also sends some of Your personal information to TSPS’s third party payment processing providers, currently Stripe and PayPal.
- You authorize TSPS to provide this information to its payment processors.
- LIMITED USE OF SERVICES; RESERVATION OF RIGHTS
Subject to the terms and conditions of these TOSS, TSPS may make available to You for Your use the online portion(s) of the Services, including the Website. TSPS expressly reserves all rights not expressly granted in these TOSS.
- ACCEPTABLE USE; COMPLIANCE WITH LAWS
- You agree abide by and not violate TSPS’s Acceptable Use Policy, which can be found here.
- If you breach the Acceptable Use Policy, or any other provision of these TOSS, TSPS may take whatever steps we deem necessary to protect the Services, Products, TSPS, TSPS’s business, TSPS’s and its supplier’s infrastructure, and TSPS’s other Users, including, suspending Your use of the Services and/or terminating Your Account.
- You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use and purchase of Services or Products.
- AVAILABILITY OF SERVICES AND PRODUCTS
Products and Services listed on the Website may not be available at the time You make Your order. Your order is subject to availability.
- ACCEPTANCE OF ORDERS
Except in Quebec, the descriptions of Products and Services on our Website are invitations for You to make an offer to purchase. Your order will only be accepted once payment has been processed. TSPS reserves the right to accept or reject the order once You have completed and placed Your order. TSPS also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, TSPS will refund the payment to the credit card You provided for payment.
- ERRORS RE: PRODUCT & SERVICES DESCRIPTIONS & PRICE
Should TSPS discover a Product’s or Service’s price, specification or description has been misstated, TSPS reserves the right to correct, refuse or cancel any order regardless of whether the order has been confirmed and credit card charged. You will be contacted and have the right to confirm any increase in price or shipping charges. If your credit card has already been charged for the purchase amount, TSPS will issue a credit to your account in the amount of the incorrect price.
- During the check-out process for online purchases You will be provided with a list of the Products and Services You are purchasing, their price, applicable currency, list of any additional charges, taxes, and any applicable discounts. You will be asked to confirm Your order at the end of the check-out process. By confirming, You agree to pay TSPS the order total amount in the currency indicated. The Order Total will be charged to the credit card You entered when you confirm.
- You hereby authorize TSPS to charge you for any amounts due when you confirm. If a payment does not go through, for any reason, You agree to pay the all applicable amounts due within seven (7) days of TSPS sending the invoice or receipt for same.
- If there are chargebacks, then TSPS may charge You for any related fees, collection fees, convenience fees, or other third party charges.
- You shall pay all applicable taxes arising on or in connection with the provision of the Services and Products under TOSS.
- YOUR CONTENT AND FEEDBACK
- In connection with Your use of the Services, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available Content via the Services (“Your Content”). In addition, if You submit ideas, suggestions, commentary or feedback to TSPS regarding Products or Services(collectively, “Feedback“), then You agree that TSPS may use the Feedback freely and for any purpose.
- You agree that none of your Content or Feedback will violate the Acceptable Use Policy, which can be found here.
- You grant TSPS a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use any of Your Content and Feedback in the manner in and for the purposes for which the Services and/or TSPS from time to time use User Content and Feedback, including, to develop and market products, services, the Services, and/or Content, without obligation or restriction of any kind on account of intellectual property rights or otherwise. You waive any and all of Your moral rights in the Feedback and Your Content.
- TSPS may review, monitor, and/or remove any Feedback and/or Your Content at TSPS’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.
- RESPONSIBILITY FOR CONTENT
- UNDER NO CIRCUMSTANCES WILL TSPS BE LIABLE IN ANY WAY FOR ANY CONTENT APPEARING ON THE SERVICES, INCLUDING ANY TSPS PROVIDED CONTENT (“TSPS CONTENT”) OR THE CONTENT PROVIDED BY YOU OR ANY OTHER USERS (“USER CONTENT”). You are solely responsible for all of Your Content
- TSPS does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content on the Services.
- You understand that you may be exposed to Content that might be offensive, harmful, inaccurate inappropriate, mislabeled or deceptive.
- TSPS stores User Content at the direction, request and with the authorization of its Users. TSPS acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content. TSPS plays no active role in the presentation or use of User Content, and TSPS does not review or have any obligation to monitor any User Content.
- DISCLAIMERS; NO medical, psychological or nursing services OR ADVICE
- USE OF THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT, IS SOLELY AT YOUR OWN RISK. YOU understand and appreciate the risks that are inherent in connection with the subject matter of THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT.
- THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT ARE MADE AVAILABLE AND PROVIDED “AS IS” AND “AS AVAILABLE”.
- THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT do not constitute medical, psychological or nursing services and that NEITHER TSPS NOR ITS REPRESENTATIVES have any status as a doctor, psychologist or nurse or any registration with the College of Physicians and Surgeons of Ontario, the College of Psychologists of Ontario, the College of Nurses of Ontario or any similar self-regulating body. Nothing in THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT shall be construed as medical, psychological or nursing services.
- TSPS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS IN RESPECT OF THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT.
- THE DISCLAIMERS IN THIS SECTION 13 APPLY TO ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY REPRESENTATION, GUARANTEE, WARRANTY OR CONDITION: (I) OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, RELIABILITY, ACCESSIBILITY, AVAILABILITY, UNINTERRUPTED USE; (II) THAT THE SERVICES, TSPS CONTENT, PRODUCTS, OR USER CONTENT WILL MEET ANY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT; AND (III) THE SERVICES, TSPS CONTENT, PRODUCTS, AND USER CONTENT WILL BE ERROR-FREE OR SECURE.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TSPS WILL CREATE ANY REPRESENTATION, guarantee, WARRANTY OR CONDITION.
- LIMITATIONS ON AND EXCLUSIONS OF LIABILITY
- IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TSPS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY you to TSPS for products or services IN THE PRIOR 2-month PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
- TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TSPS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES) OR LOSSES (INCLUDING LOSS OF SAVINGS, PROFITS, REVENUES, DATA, CONTENT, BUSINESS OR GOODWILL) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT.
- THIS SECTION 12 APPLIES TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF TSPS IS ADVISED IN ADVANCE OF THE DAMAGES OR LOSSES IN QUESTION OR EVEN IF SUCH DAMAGES OR LOSSES WERE FORESEEABLE.
- CAUSES BEYOND TSPS’S CONTROL
TSPS will not be liable under these TOSS because of a failure or delay in performing TSPS’s obligations hereunder on account of any cause beyond TSPS’s reasonable control, including Internet availability failures, wireless network failures, cloud service failures, service provider failures, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, and governmental action.
- INTELLECTUAL PROPERTY OWNERSHIP
- As between TSPS and You, TSPS reserves all right, title and interest (including all intellectual property rights) in and to Services and TSPS Content. You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in Services or TSPS Content. The Services and TSPS Content are protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws
- All trademarks and other indicia of origin appearing on or in Services or TSPS Content are the property of TSPS or TSPS’s providers, suppliers or licensors, unless otherwise indicated. You may not use any trademark or other indicia of origin for any purpose whatsoever.
- TSPS or TSPS’s providers, suppliers or licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally
- Your Content is, as between You and TSPS, Your property.
- REPORTING COPYRIGHT INFRINGEMENT
- TSPS take claims of copyright infringement seriously. TSPS will respond to notices of alleged copyright infringement that comply with applicable laws. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in your notice a detailed description of the alleged infringement.
- Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers’ fees) under applicable laws, rules and regulations.
- EXTERNAL SOURCES
TSPS is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to the Services. If You access any third party website or service through the Services, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, TSPS.
You agree to indemnify, defend and hold harmless TSPS and its party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers’ fees) that arise from or relate to Your breach of these TOSS. TSPS has the right but not the obligation to participate in any defense or settlement. This obligation survives the termination of these TOSS.
- SERVICES UPDATES; TOSS AMENDMENTS
- TSPS may, in TSPS’s sole discretion, add or remove services, functionalities, content or features from or to the Services at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of Services and will be subject to these TOSS.
- TSPS may amend these TOSS, or any provision thereof, with immediate effect at any time and without notice. Your use of Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOSS in effect at the time of such use.
- TERMINATION, SUSPENSION AND AFTER TERMINATION
- TSPS reserves the right to reject, suspend or terminate Services or Your use of all or any portion of Services at any time and for any reason, in TSPS’s sole discretion. TSPS has no obligation to provide You with any notice of Your breach of these TOSS, but TSPS may choose to provide notice, and an opportunity to cure such breach, in its sole discretion.
- The terms and conditions in these TOSS will continue to apply to Your past use of Services, in the form in which it or they then-existed at the time of the subject use.
- You may terminate this Agreement at any time by [sending an email to tia @ slightam dot com].
- Any provision hereof that by its nature is intended to survive the termination of these TOSS will survive such termination.
- Termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to TSPS.
- INDEPENDENT CONTRACTORS
For all purposes, TSPS and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
- APPLICABLE LAW
All matters relating to these TOSS will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada applicable therein, as applicable, without regard to the conflicts of laws principles thereof.
- ARBITRATION; VENUE
- You agree that any claim arising out of or in connection with these TOSS, or in respect of any legal relationship associated with or derived from these TOSS, will be resolved by final and binding Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will take place in Toronto, Ontario, Canada. The language of the arbitration will be English.
- To the extent arbitration as described in this section is prohibited by applicable law, then you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts
TSPS may assign or transfer these TOSS in whole or in part at any time without Your consent. You may not assign these TOSS or assign, transfer or delegate Your Account or any of Your rights or obligations under these TOSS. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
- SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOSS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOSS shall remain in full force and effect. These TOSS constitutes the entire understanding, and supersedes all other understandings, between You and TSPS concerning the subject matter hereof. No waiver of a right of a party under these TOSS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOSS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOSS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
- LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOSS and all related documents be drawn up in English. C’est la volontéexpresse des parties que la présente convention ainsi que les documents qui s’yrattachentsoientrédigésenanglais.
- NONE OF YOUR CONTENT OR FEEDBACK WILL:
- infringe, misappropriate or violate any third party’s intellectual property right or other right, including publicity, privacy or confidentiality;
- violate, or encourage any conduct that would violate, any applicable law, rule or regulation;
- promote or contain illegal or harmful activities;
- be fraudulent, false, misleading or deceptive;
- be defamatory, libelous, obscene, pornographic, vulgar or offensive;
- be violent, unsafe or threatening, or promote discrimination, bigotry, racism, hatred, abuse, offense, violence, harassment or harm;
- contain medical information, opinion or advice;
- contain opinions or notices (commercial or otherwise) or chain letters;
- contain URLs or links to web sites or services (to advertise Your company or web site or services); or
- be used by You to impersonate another person, living or dead.
- YOU MAY NOT DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING IN CONNECTION WITH SERVICES AND LISTED ITEMS:
- use the Services for anything other than Your own personal purposes;
- use the Services for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;
- access or ascertain, or disclose, any other User’s personal information that they have not disclosed or intentionally chosen to disclose publicly;
- use the Services to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any User;
- violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Services or Content;
- use TSPS’s name, any TSPS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TSPS’s express written consent;
- replicate the “look and feel” of Services;
- modify Services or make derivative works based on Services;
- decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of any part Services;
- build a product or service using any similar ideas, features, functions or graphics of Services;
- use Services to provide services for or on behalf of any third party, or commercially exploit Services in any way, including without limitation by framing or mirroring any portion of Services;
- sell, resell, export, transfer assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, sublicense, publish, or otherwise make available any portion of Services;
- use Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, comparison or competitive purpose;
- gain, or attempt to gain, or permit any third party to gain, unauthorized access to Services, including through means not provided by TSPS;
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer, communication network, device (including Your Mobile Device), data, or the Services, or any other system, device or property
- use any security testing tools in order to probe, scan or attempt to penetrate or ascertain Services’s security, or to otherwise engage in denial of service attacks;
- take any action that imposes, or may impose (in TSPS’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes TSPS’s infrastructure;
- operate a server in connection with the Services, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
- interfere or attempt to interfere with the proper working of, or any activities conducted on or in Services; or
- systematically retrieve data or other content from Services to create or compile a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.