Terms

The following Terms of Use govern your access and use of the website located at www.taunyazipse.com, its contents and the goods and services provided through the website (collectively the “Website”) which is owned and operated by Taunya Zipse (the “Business”). These Terms of Use apply to any individual or entity which accesses or uses the Website in any manner for whatever reason.

ACCEPTANCE

Each time you access or use the Website, you signify that you have read, understood, accepted and agreed to be bound by the Terms of Use as it then reads.  If you do not agree with any of the terms and conditions in the Terms of Use, or you are not authorized to or do not have the legal authority to agree to and accept the Terms of Use, you may not access or use the Website and should immediately discontinue any access to or use of the Website.

USE AND ACCESS TO THE WEBSITE AND ITS CONTENTS

You may use the Website solely for personal, non-commercial uses only.  The Website contains content in the form of documents, information, software, photographs, audio, video, graphics, text and other material, all of which are protected by copyright, trademark, and trade dress laws.  The Website is owned by the Business and protected under Canadian and International laws and treaties. 

You may download or make one copy of documents, information and audio files made available as part of the services offered by the Website for your own personal, non-commercial use, provided you do not modify, obscure or delete any copyright or other proprietary notices contained in the content and that you abide by all Canadian and International laws and treaties.

No right, title or interest in any downloaded or copied materials or software is transferred to you as a result of any downloading or copying of the content.  You may not reproduce, publish, transmit, transfer, sell, create derivative works from, distribute, perform, display or in any way exploit, in whole or in part, any of the Website except as otherwise expressly permitted in these Terms of Use.

You may not interrupt or attempt to interrupt the operation of the Website.

TRADE-MARK INFORMATION

WAKE UP, SHOW UP and OWN YOUR LIFE and others are trade-marks, trade names, logos and service marks (collectively the “Trade-marks”) which are proprietary to the Business.  Other trade-marks, trade names, logos and service marks which may appear on the Website are proprietary to their respective owners.   Nothing contained in the Website should be construed as granting you, either directly or indirectly, expressly by implication, estoppel, or otherwise, a license or right to use these proprietary intellectual property rights.

MISPRINTS, ERRORS AND PRODUCT AVAILABILITY

The Business does not represent, warrant or endorse the accuracy, completeness, currency, reliability or suitability of the Website.  You acknowledge that any reliance on the Website will be at your sole risk.  The Business reserves the right to delete, move or edit any content of the Website including, but not limited to, changing prices, fees and charges regarding the goods and services available through the Website at any time without notice to you.

The Business does not guarantee that goods or services advertised on the Website will be available when ordered or thereafter.  The Business reserves the right to reject, correct, cancel or terminate any order at any time. 

NO ADVICE OR SOLICITATION

The Website is not intended to be relied on as a comprehensive guide for counseling services.  The Website is provided for convenience and informational purposes only. Before acting or omitting to act based upon any information provided by the Website, you should seek advice from a licensed medical professional.

DISCLAIMER

 

The Website is provided on an "as is" and "as available" basis and cannot, without limitation, be guaranteed against security and privacy risks.  The Business disclaims any and all liability and does not make any representation, warranty or condition of any kind, either express or implied, and including without limitation, any warranty of title, satisfactory quality, non-infringement, freedom from computer virus or implied warranty of merchantability and fitness for a particular purpose, performance or durability to the FULLEST EXTENT PERMITTED BY LAW.

The Business makes no representation or guarantee that the operation of the Website will be continuous, uninterrupted, error-free or secure. The Business makes no representation, warranty or condition about the accuracy, reliability, completeness, integrity or timeliness of the Website.

Without limiting the generality of the foregoing, the Business make no representation, warranty or condition that the use of the Website does not infringe the intellectual property rights of a third party and that use of the Website will be free of viruses, trojan horses, worms, macros or other destructive or disruptive components.

INDEMNITY & RELEASE

 

You expressly agree that the use of the Website by you is at your own risk.

You agree to indemnify, defend and hold the Business, harmless from and against any and all liabilities, expenses, losses and costs, including without limitation reasonable legal fees and expenses, incurred by the Business arising from any claim or demand arising out of, related to, or connected with your use of the Website or your breach of these Terms of Use. 

The Business reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Business’ defence of such claim.

 

You agree to release, remise and forever discharge the Business from any and all manner of rights, claims, complaints, demands, causes of action, liabilities, obligations, reasonable legal fees and costs, including without limitation, costs to repair or service any equipment you use in connection with your use of this Website, and in no event, whether known or unknown, which now or hereafter exist, which arise from, relate to or are connected with your use of the Website.

WAIVER

The failure of either party to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by the other party of any of the provisions of these Terms of Use, will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of these Terms of Use will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

LIABILITY EXCLUSION

In no event shall the Business be liable to you or any other person for any loss of use, loss of production, loss of income, loss of profits, loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, anticipated or otherwise, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by you or any other person, and regardless of any negligence or other fault and notwithstanding that the Business may have been advised of the possibility of such loss or damages.

The disclaimer, indemnity and release, waiver, and liability exclusion will survive indefinitely the termination of these Terms of Use.

LINKING THE WEBSITE

Links to the Website without the express written permission of the Business are strictly prohibited. The Business reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice or liability to you. The framing of the Website any of its content in any form and by any method is strictly prohibited.

WEBSITE PURCHASES

All purchases of goods and services from the Website are governed by these Terms of Use and any applicable Disclaimer.  Your purchase of any good or service from the Website constitutes your agreement to be bound by the terms of any applicable Disclaimer.

FEEDBACK AND SUBMISSIONS

You agree that any feedback submitted to the Website or to the Business by email is non-confidential for all purposes.  If you make any submission, you automatically grant, or expressly warrant that the owner of such submission has expressly granted, to the Business a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the submission in any media or medium, or any form, format, or forum now known or hereafter developed and you expressly waive all moral rights in the submission in favour of the Business and its assigns.

You agree that no submission made by you to the Website or by email will violate any right, including intellectual property rights, of any third party.  In addition, you agree that no submission made by you will be obscene, libelous, abusive or otherwise unlawful.  You will be solely responsible for the contents of any submissions you make.

By making a submission, you agree that the Business may use information about you for marketing, product development and promotional purposes in a manner that does not reveal your identity.  Further, you agree that the Business may send you electronic mail or other communications for the purpose of providing information to you regarding updates to the Website, the Business’ products, services or promotions, or such other purposes which the Business may deem appropriate.

PRIVACY

Each time you use the Website, you consent to the Business’ collection, use and disclosure of your personal information in a manner that does not reveal your identity and in accordance with any applicable Privacy Policy as it then reads.

MODIFICATION

You may not change, supplement, or amend these Terms of Use in any manner. The Business may, in its sole discretion, change, supplement or amend these Terms of Use as they relate to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting revised Terms of Use on the Website.

TERMINATION OF USE

The Business reserves the right, in its sole discretion, to modify, alter, restrict, suspend, or terminate any or all parts of the Website or your access to any or all parts of the Website, at any time for any reason without prior notice or liability to you.

OTHER SITES

The Website may contain links to sites in the Internet that are owned and operated by third parties (the “External Sites”).  You acknowledge that the Business is not responsible for the availability of, or the content located on or through any External Site.  Use of External Sites will be governed by their own terms of use.

 

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and the Business with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter.

 

JURISDICTION

You expressly agree that your use of the Website and any matters in any way related to your use of the Website, without regard to principles of conflicts of laws, are governed solely by the laws of Alberta and applicable Federal Laws of Canada.

You irrevocably submit and attorn to the exclusive jurisdiction of the Courts of Alberta in the City of Calgary, Alberta, Canada to resolve any dispute arising from, connected with, or relating to your use of the Website and these Terms of Use.

NO RELATIONSHIP

 

You and the Business are independent contractors and no agency, partnership, or other relationship is intended or created by your use of the Website, including without limitation any authorized linking of the Website, or these Terms of Use.

SEVERABILITY

If any of the provisions of these Terms of Use is declared invalid by a court of last resort or by any court, the decision of which appeal is not taken within the time provided by law, then and in such event, these Terms of Use will be deemed to have been terminated only as to the portion thereof which relates to the provision invalidated by that decision and only in the relevant jurisdiction, but these Terms of Use, in all other respects and all other jurisdictions, will remain in full force and effect; provided, however, that if the provision so invalidated is essential to these Terms of Use as a whole, then the parties will negotiate in good faith to amend the terms hereof as nearly as practical to carry out the original interest of the parties, and, failing such amendment, either party may submit the matter to a court of competent jurisdiction for resolution.

OTHER MATTERS

The Terms of Use will enure to the benefit of and be binding upon the Business and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.  You may not assign these Terms of Use or your rights and obligations under them without the express prior written consent of the Business, which may be withheld in the Business; sole discretion. The Business may assign these Terms of Use and its rights and obligations under it without your consent.

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