Accessing, purchasing or using our programs, products, services or program materials, in any manner constitutes use of the program, products, services and program materials, and your agreement to be bound by these Terms and Conditions.
All of our programs, products, services and program materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any program, product, service or program materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using our programs, products, or services or our program materials, you represent and warrant that you are at least 18 years old.
Intellectual Property Rights. Our programs, products, and services and all the program materials, including for certainty the trademark THE NEOTERIC GROUP are our property, and are protected by copyright, trademark, and other intellectual property laws. All content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our programs, products or services or the program materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Request for Permission to Use Content. Any request for written permission to use our programs, products, services or program materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to email@example.com.
Personal Responsibility and Assumption of Risk. As a user, you agree that you are using your own judgment in using our programs, products, services and program materials and you agree that you are doing so at your own risk. Our programs, products, services and program materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our programs, products, services and program materials. Our programs, products, services and program materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our programs, products, services and program materials.
Disclaimer. Our programs, products, services, and program materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our programs, products, services, and program materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service or program materials participant or user, including you.
Our programs, products, services, and program materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our programs, products, services, and program materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our programs, products, services, and program materials. You are solely responsible for your results.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We try to ensure that the availability and delivery of our programs, products, services and program materials is uninterrupted and error-free, including our content and communications through methods like our website, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our programs, products, services or program materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our programs, products, services or program materials inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our programs, products, services, and program materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of research and learning is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our programs, products, services or program materials. These links are provided for your convenience and the inclusion of any link in our programs, products, services or program materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our website or its content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our programs, products, services or program materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Indemnification, Limitation of Liability and Release of Claims:
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company (Nicola Morris Consulting Inc.), as well as any of our officers, directors, shareholders, employees, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our programs, products, services or program materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our programs, products, services or program materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our programs, products, services or program materials, or in any way or in any location. In the event that you use our programs, products, services or program materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our programs, products, services or program materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You agree that you will not use our programs, products, services or program materials in any way that causes or is likely to cause them, or access to them, either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this website and its content and to us.
You must use the programs, products, services or program materials for lawful purposes only. You agree that you will not use our programs, products, services or program materials in any of the following ways:
Termination: You have the right to terminate your use of or participation in our programs, products or services at any time by sending an e-mail to firstname.lastname@example.org.
We reserve the right in our sole discretion to refuse or terminate your access to our programs, products, services or program materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the program, product or service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either party, we reserve the right to immediately refuse or terminate your access to any aspect of our programs, products, services and/or our program materials, including but not limited to our Website, e-mail communications, webinars or conference calls, or any other method of communications related to our programs, products, services or program materials at any time without notice and in our sole discretion.
All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, and release of claims, will still apply now and in the future, even after termination by you or us.
Personal Data and Privacy Protection Statement:
We are committed to maintaining compliance with all relevant laws and legislation pertaining to personal data and privacy protection as applicable to our operations, business and contractual requirements. We are committed to compliance with all national and international regulations and are committed to maintaining appropriate internal and external procedures, and staffing instructions and procedures. All restrictions on the transfer of Personal Data will be diligently supervised and enforced.
This Statement applies to Personal Data collected through our websites, web pages, portals, applications, telephone support lines, emails, blogs, and contracts entered into with our clients. The Personal Data may be collected when you give it to us, or automatically collected when you visit our website. The policy applies to all personal data held by the company, including on wireless notebook computers, personal digital assistants and mobile telephones. You may choose to use a pseudonym or not to provide personal information but if you do this, certain products or services may not be available to you. We will not ask for sensitive information about you, i.e. details of you or your employees’ racial or ethnic origin, political affiliations, religious beliefs, sexual preferences, criminal convictions or health information, unless we need it to provide you with professional advice.
“Personal Data” as used in this statement refers to data which could be reasonably used to contact or to identify an individual personally, including one or more factors specific to his physical, psychological, mental, economic, cultural, or social identity, such as names, addresses, telephone numbers, credit card data, email addresses, or the like.
We do not knowingly collect personal information from children under the age of 18.
Identifying purposes – We will clearly identify the purposes for which personal information is collected, either before or at the time of collection. These purposes include:
Consent – We will not provide any Personal Data to any third parties without the specific consent of our clients, except as described in this Statement. We may share non-personal data, such as aggregate user statistics, demographic data, and usage data with third parties. To help protect the privacy and security of our clients, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to any Personal Data.
We may share your Personal Data within our corporate group, including with our subsidiaries, affiliated companies and divisions all of whom may use your information for the purposes disclosed in this Statement.
We may share your Personal Data with external service providers who perform services on our behalf, for example, companies that handle the processing of payments, provide data storage, host websites, fulfil orders and shipments, assist in direct marketing, conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service.
By allowing us to collect your Personal Data, you consent to the disclosure and use as outlined above. We will take all reasonable steps to make sure they comply with the same privacy principles that govern our collection of your Personal Data.
Limiting Collection – The Personal Data which we collect will be limited to that which is necessary for the purposes identified.
Limiting Use, Disclosure and Retention – We will not use or disclose personal information for purposes other than the identified purposes for which it has received consent, unless required to by law. We will retain personal information only for as long is necessary to fulfill the intended purpose or as required by law. We agree that on the termination of the provision of services for the customer, at the choice of the customer, it will return all of the Personal Data transferred and any copies thereof to the customer, or it shall destroy all of the Personal Data and certify to the customer that it has done so, unless legislation imposed upon the company prevents it from returning or destroying all or part of the Personal Data which has been collected. In that case, we will guarantee the confidentiality of the personal data transferred and will not actively continue to process or collect Personal Data.
Accuracy – We will ensure that the personal information it collects is accurate, complete and up-to-date for the purposes for which it is being used.
Safeguards – We will protect personal information with security safeguards that are appropriate for the sensitivity of the Personal Data held. We will maintain administrative, technical and physical safeguards to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your Personal Data. We are committed to using commercially reasonable efforts to maintain the security of your personal information. In particular, we will comply with all relevant provisions of applicable data protection laws. We will ensure that the security measures it implements are appropriate to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing of data involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation.
Openness – We will make our policies and procedures about how we manage personal information readily available. This Personal Data and Privacy Protection Statement may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the delivery of the revised Statement to you.
Individual Access – Upon request from our clients, we will make known to the client the existence, use and disclosure of Personal Data and give access to it and make any amendments if the Personal Data is inaccurate. If you wish to verify, correct, upgrade any of the Personal Data, you may do so by contacting us. In accordance with our routine recordkeeping, we may delete certain records that contain Personal Data you have submitted to us. We are under no obligation to store such Personal Data indefinitely, and disclaim any liability arising out of, or related to, the destruction of such Personal Data. We will promptly notify the customer about any legally binding request for disclosure of personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; of any accidental or unauthorized access; and of any requests received directly from the data subjects.
Links – We may link to websites, including those of our third-party content providers and social media sites. Our website may contain social media features such as Facebook “Like” buttons. These features may collect information about your device’s IP address, set cookies or link you to a social media website where you may post personal information. The sites of our third-party providers and social media sites may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such sites and encourages you to become acquainted with them prior to use.
Marketing – We may send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. Third parties with whom we have shared your personal information may send you direct marketing communications.
If you do not want to receive direct marketing communications from either us or from a third party, it is easy to opt out by following the ‘unsubscribe’ instructions included within each email communication. Alternatively, you can send us an email request at email@example.com. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications.
Server Location. Our servers are maintained in a number of countries, including the United States and Canada. Any US servers used will be Safe Harbor certified. By using our products and services, you freely and specifically give us your consent to export the Personal Data you have provided to use to such other countries, and to store it and use it in these countries as specified in this Statement. You understand that data stored in the USA, Canada or in other countries may be subject to lawful requests by the Courts or law enforcement authorities in each respective country.
Governing Law. These Terms and Conditions, Disclaimer and this Privacy Statement and our legal obligations hereunder are subject to the laws of Canada, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the Courts located in Canada, in all disputes arising out of or relating to this Statement.