terms of use

 

ACCEPTANCE OF TERMS

Thank you for using juliekaye.ca.  Julie Kaye is a serial entrepreneur, consultant and public speaker. She has a mission of helping women owned/operated businesses to grow and achieve the success they deserve by leveraging her experience and knowledge. Julie Kaye provides consulting, coaching and workshop services, she is also available for public speaking engagement and press enquiries. Those services are provided to you, subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.juliekaye.ca or on any other websites launched by Julie Kaye (collectively, these “Terms”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE JULIE KAYE SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING THE CONTACT FORM, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. Julie Kaye may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use Julie Kaye services. In the event of an inconsistency between the juliekaye.ca Terms of Use and the juliekaye.ca Privacy Policy, the Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Services.

Julie Kaye offers a blog, newsletter, consulting/coaching services, as well as workshops and public speaking. You understand and agree that the Services are provided on an AS IS and AS AVAILABLE basis. Julie Kaye disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Julie Kaye also reserves the right to modify, suspend or discontinue the Services with or without notice at any time and without any liability to you. Julie Kaye does not control the Content posted by third parties. Under no circumstances will Julie Kaye be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are responsible for complying with all laws applicable to the content you submit via the service. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.

The contents of the juliekaye.ca site, such as text, graphics, images, information obtained from Julie Kaye’s content providers, and other material contained on the juliekaye.ca site (“Content”) are for informational purposes only. Reliance on any information provided by Julie Kaye, Julie Kaye’s employees, others appearing on the Site at the invitation of Julie Kaye, or other visitors to the Site is solely at your own risk.

2. Personal Use.

The Services is made available to you for your personal use. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use these Services. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. Julie Kaye reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use.

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Services is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Services in compliance with all applicable local, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

  1. Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Julie Kaye;

  2. Upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

  3. Prevent others from using the Services;

  4. Post information that is pornographic or sexually explicit in nature;

  5. Post information that is false or intentionally misleading;

  6. Provide any posted content that is unlawful or that promotes or encourages illegal activity;

  7. Impersonate any person or entity, including, but not limited to, a Julie Kaye’s employee, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  8. Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. Interfere with or disrupt the Service or the Julie Kaye Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the Julie Kaye Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

  10. “Stalk” or otherwise harass another user, individual, merchant, student, or instructor;

  11. Collect, harvest, or store personal data about users or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;

  12. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Julie Kaye Site and/or Service;

  13. Create or submit unwanted email or messaging (“Spam”) to any other Julie Kaye user or otherwise interfere with the enjoyment of other Members or Users of the Julie Kaye Site or the Service;

  14. Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Julie Kaye Site and/or the Service;

  15. Access, retrieve, or index any portion of the Julie Kaye Site and/or Service for purposes of constructing or populating a searchable database of business reviews;

  16. Reformat or frame any portion of the web pages that are part of the Julie Kaye Site and/or Service;

  17. Create user accounts by automated means or under false or fraudulent pretenses;

  18. Use of the Julie Kaye Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Julie Kaye’s sole discretion, an unreasonable or disproportionately large load on Julie Kaye’s IT infrastructure;

  19. Intentionally or unintentionally violate any applicable local, state, national, or international law;

  20. Use the Services for any fraudulent or inappropriate purpose.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to provincial and federal penalties and other legal consequences. Julie Kaye reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Content of the Services.

Julie Kaye takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Julie Kaye have any obligation to monitor such content. Julie Kaye reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. Julie Kaye also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Julie Kaye, its users and the public. Julie Kaye will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

5. Representations and Warranties.

You represent and warrant that (a) all of the information provided by you to Julie Kaye  to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

6. Privacy.

As a condition to using the Services, you agree to the terms of the Julie Kaye Privacy Policy as it may be updated from time to time. Julie Kaye understands that privacy is important to you. You do, however, agree that Julie Kaye may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Julie Kaye Privacy Policy. Julie Kaye collects and uses the contact and personal information that you have provided for the sole purpose of your involvement in our programs and events. Julie Kaye is committed to respecting your privacy and protecting your personal information. Julie Kaye does not sell or distribute its contact lists to any third party.

7. Proprietary Rights.

You agree that all Content and materials delivered via the Service or otherwise made available by Julie Kaye are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Julie Kaye in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at Julie Kaye’s website for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Julie Kaye Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Julie Kaye is prohibited. Reproducing, copying, or distributing any Content, materials, or design elements on the Julie Kaye Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Julie Kaye. Any rights not expressly granted herein are reserved. 

8. Indemnification.

You agree to hold harmless and indemnify Julie Kaye and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Julie Kaye will provide you with written notice of such claim, suit or action.

9. Choice of Law; Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in Ontario, Canada, and you consent to the jurisdiction of such courts.