CHANGESCAPE PERFORMANCE SOLUTIONS TERMS AND CONDITIONS
Last Updated:  September 1, 2020

By accessing or using this site or purchasing any products or services from Changescape Performance Solutions (the “Company”) or utilizing any of the products or service through this site, whether or not You become a registered user (“User”, “You”, “Yourself” “Your”), You agree to be bound to these Terms and Conditions, which You acknowledge You have read and understood. We reserve the right to modify them at any time and we suggest You check these Terms and Conditions periodically for changes. By using this site after modifications are made to the Terms and Conditions, You agree to accept those changes whether or not You have reviewed them.
 

1. SCOPE OF TERMS AND CONDITIONS

These terms and conditions apply to Your use of the Changescape Performance Solutions website and any of its sub-domains and related domains (collectively the “Site”), in addition to the products and services purchased and/or utilized from these sites.
 

2. PRIVACY POLICY

Our Privacy Policy is available on a separate page.  Our Privacy explains to You how we process information about You.  You shall understand that through Your use of this site You acknowledge the processing of this information shall be taken in accordance with the Privacy Policy.
 

3. SERVICES

The Site allows You to use the Services available on the Site. You shall not use the services for illegal aims. We may, at our sole discretion, set fees for using the Site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
 

4. MONTHLY SUBSCRIPTION SPECIFIC TERMS AND CONDITIONS

By providing Your credit card and other personal contact and billing information, agreeing to these Terms and Conditions or by selecting the “Buy” button or similar purchase button for the monthly subscription displayed on the Company’s Site, You are purchasing a monthly subscription and are agreeing to allow us to charge Your credit card provided for the amount payable to us pursuant to the purchased subscription.
 

5. PROHIBITIVE USES AND INTELLECTUAL PROPERTY

The contents of this Site are protected by trademark and copyright laws and are the property of Changescape Performance Solutions and the company owners. You may have access to the materials located on this Site for personal use only and can download the material to a single non-commercial home use only computer. You can neither change, modify, edit nor delete any author attribution, trademark or copyright notice. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this Site.
 

You acknowledge that the products and services sold by the Company are the confidential and proprietary information and property of the Company. You hereby agree to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the Company by You, You agree it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others.  And by You, we mean any “Customer” which includes anyone who receives the products or services of the Company, even if for free.
 

You agree that no one may use these products and/or services in any manner without the written approval of the Company, except for the person who has agreed that his/her use is limited to his/her own personal use. In the event You disagree with these terms, You must immediately discontinue using the products purchased from the Company. Anyone viewing or otherwise utilizing the products of the Company by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that the Company discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the Company remains information that You have an obligation to protect and maintain as confidential.

In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. As a customer, You represent and warrant that You are at least 18 years old. In the event that a Customer is under 18 years old, that Customer will immediately discontinue using the products purchased from the Company.
 

6. THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting Your Content, You are granting the Company to use Your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate Your Content; and to publish Your name in connection with Your Content. No compensation shall be paid with regard to the use of Your Content. The Company shall have no obligation to publish or enjoy any Content You may send us and may remove Your Content at any time. By posting, uploading, inputting, providing or submitting Your Content You warrant and represent that You own all of the rights to Your Content.

7. ASSOCIATED LINKS

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site.
 

8. WARRANTIES/CANCELLATION

Memberships (to our Coaching Programs) or products from Changescape Performance Solutions have a thirty (30) day money back guarantee, no questions asked, when a written request for cancellation is received by info@changescape.ca within the first 30 days from Your purchase date. If at any time within the first 30 days, You are not happy with your investment, just send an email to info@changescape.ca and we’ll gladly refund Your last month’s fee. 

You can cancel your Coaching Program membership any time. When You cancel after the initial 30 days, Your subscription payments will stop and Your credit card will never be charged again unless you resubscribe.
 

9.  ACCEPTABLE CODES OF CONDUCT

Changescape Performance Solutions and its Sites are not filtered, censored, edited or regulated for information posted by third parties on our Sites. We cannot and do not endorse or be made responsible for and are not liable for under any circumstances for the contents, reliability or accuracy of such content or information. As a user of the site, You agree to not upload or otherwise provide infringing, obscene, pornographic, threatening, defamatory, abusive, illegal or otherwise improper content. You also agree that You will not upload viruses or harmful components. If You do not abide by these codes of conduct, You will immediately be removed from all sites, privileges surrendered and without refund.

10. LIMITATION OF LIABILITY

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors. The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding the Content and Services, including warranties and provisions of merchantability and fitness for a certain purpose.

By using Changescape Performance Solutions Services, You acknowledge, understand, and agree that the Company does not, nor does it claim to, provide services that are a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any mental health or medical conditions. You also acknowledge, understand, and agree that the Company's Staff are not acting as a mental health counselors or medical professionals.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its Services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason. If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to You.

In all circumstances, the Company’s maximum liability is limited to the purchase price of the products or services sold. The Company shall not, under any circumstances be liable upon a claim or action in contract, tor, indemnity or contribution or other claims relation to the products or services it sells which exceeds this liability limit.

11. INDEMNIFICATION

By using this Site You agree and acknowledge that this Site is intended for educational purposes only and makes no warranties as to the individual performance guarantees or any improved business performance measures as a result of using or applying this information. You agree to not to sue and to hold Changescape Performance Solutions and all its employees, contractors, vendors and third parties associated with the development and delivery of this information completely harmless against any claims whatsoever.

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of Your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, Your violation of the Terms or Your violation of any rights of third parties, or Your violation of the applicable law. 

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any resulting disputes between You and the Company 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 irrevocably consent to the exclusive jurisdiction of the courts located in Ontario in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action. And finally, You also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Company.

13. SEVERABILITY

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ontario law.

14. COMPLAINTS

We are committed to resolve any complaints about our collection or use of Your personal data. If You would like to make a complaint regarding these Terms or our practices in relation to Your personal data, please contact us at info@changescape.ca. We will reply to Your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if You feel that Your complaint has not been adequately resolved, You reserve the right to contact Your local data protection supervisory authority.

15. CONTACT INFORMATION

We welcome Your comments or questions about these Terms and Conditions. You may contact us in writing at info@changescape.ca.

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