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TERMS AND CONDITIONS OF USE

Last Modified: August 31, 2018

 

Lead Your Money is a business registered in Ontario, Canada. In consideration for permitting your access to our website, products and services, and other good and valuable consideration, you agree as follows:

These terms and conditions (the “Terms“) form a legally binding agreement which govern your access to and use of Lead Your Money’s, (“we“, “us” or “our“) website (“Website“) and our online services in which we sell or otherwise provide access to courses, webinars, podcasts and related products and services, including consulting services (the “Service“). Our Website and online Service are hosted at https://leadyourmoney.ca and other domains and sub-domains.

 

IN THESE TERMS, THERE ARE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.  YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE BEFORE USING THE WEBSITE AND SERVICE.

If you are using the Website and/or Service on behalf of, or in the employ of, an organization (corporation, trust, not-for-profit, church, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, “you” and “your” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Lead Your Money.

Purchasing Courses and Services

We own and operate the Website and Service, which sells, among other products, subscriptions and access to online courses related to personal finance. To purchase products on the Service you may be asked to provide certain personal and payment information collected in accordance with our privacy policy, available online at https://leadyourmoney.ca/website-terms, as amended.  By using our Website and Service, you consent to such processing and you warrant that all information provided by you is accurate.

 

Prices

 

Prices listed on the Website and Service shall be deemed to be an invitation to make an offer and are subject to acceptance by us.  Even in the event of an automated acceptance by us or our Website, you agree that we shall have the opportunity to manually review and accept such orders up until the time access to your course, product(s) or services are delivered to you.  Where prices are listed on the Website and/or Service they are subject to change without notice. 

Additional terms, including but not limited to, price, tax, payment, discounts, refunds or cancellations may be specified on the Website and/or the Service.  Those terms, as amended from time to time, are incorporated by reference and form part of this agreement.  If any information or terms posted to the Website or Service concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms.

You agree to pay all sales taxes applicable to this agreement or arising from your access to and use of the Website and Service or the purchase of products or services from us.

We use a third-party payment processor to process payments from you. Details of our payment processors can be found in our Privacy Policy. The payment processors may have their own terms and conditions and privacy policies, which apply to your payment transactions. Although the third-party payment processor’s electronic forms to provide payment details may be hosted on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information.  Please contact us if you have any questions concerning our payment processor.

ACCEPTANCE OF RISK AND DISCLAIMERS

EVERYTHING ON OUR WEBSITE, ALL COURSES OR OTHER PRODUCTS ON OUR SERVICE AND ALL CONSULTING SERVICES WE PROVIDE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

YOU AGREE THAT YOU ACCESS OUR WEBSITE, SERVICE AND PRODUCTS AT YOUR OWN RISK. WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ONLINE TOOLS, CALCULATORS OR INFORMATION PROVIDED ON OR VIA THE WEBSITE OR SERVICE. YOU ACKNOWLEDGE THAT IN SOME INSTANCES, COURSE CONTENT AND OTHER INFORMATION OR ONLINE SERVICES ARE PREPARED OR PROVIDED ON THE WEBSITE OR SERVICE BY THIRD-PARTY PROVIDERS.

YOU AGREE AND ACKNOWLEDGE THAT NONE OF THE INFORMATION PROVIDED ON THE WEBSITE, THE SERVICE OR AS PART OF OUR CONSULTING SERVICES OR AS PART OF A COURSE, ARE PROVIDED AS FINANCIAL, TAX OR INVESTMENT ADVICE OR ANY OTHER FORM OF ADVICE. OUR COURSES AND SERVICES ARE INTENDED TO ONLY PROVIDE YOU WITH INFORMATION ABOUT FINANCIAL PLANNING.  YOU AGREE NOT TO RELY ON SUCH INFORMATION AS FINANCIAL, TAX, INVESTMENT OR OTHER ADVICE.

FOR SPECIFIC FINANCIAL, INVESTMENT OR TAX ADVICE REGARDING YOUR FINANCIAL SITUATION, OR HOW INFORMATION OBTAINED FROM OUR WEBSITE OR SERVICE MAY BE APPLIED, PLEASE CONSULT A REGISTERED AND CERTIFIED FINANCIAL PLANNER, INVESTMENT ADVISOR AND/OR ACCOUNTANT.

YOU AGREE THAT WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS, OR WEBSITE DOWNTIME.

TO THE EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS, COURSE CONTENT CREATORS OR THIRD-PARTY SERVICE PROVIDERS. 

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO (I) DISCONTINUING ACCESSING AND USING THE WEBSITE AND SERVICE; AND (II) SEEK A REFUND IN ACCORDANCE WITH OUR REFUND POLICIES.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNT PAID BY YOU TO US (IF ANY).

YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE, THE SERVICE OR OUR PRODUCTS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM, AMONG OTHER THINGS (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCOROPRATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

Proprietary Rights

Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy, share, sell or distribute any content (including but not limited to text, PDF documents, images, trademarks, videos and audio) on the Website, Service or contained in our products, including our course content, without our express consent and the consent of the owner (if applicable). All other contents of the Website and Service including, but not limited to, the computer code, is the property of Lead Your Money and/or our licensors and independent providers of content (“ICPs“) with all rights reserved.

Without limiting the generality of the forgoing; (a) you are not permitted to record, copy, share, reproduce, sell or distribute any course content or other content obtained or purchased from us without our express written permission; and (b) you are not permitted to use any trademark or trade name of Lead Your Money, including our logo, without our express permission.

Your Content

In some cases, our Website and Service may permit you and other third parties to upload, contribute and post content (“User Content“) to the Service, including while participating in courses. We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. While we claim no ownership rights in your User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post, record, upload or otherwise contribute to the Service in order to facilitate the ordinary use of the Service.

In addition to our Acceptable Use Policy, you agree not to use the Service in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms. We may, but have no obligation to, remove content that we determine in our sole discretion to be unlawful, damaging, or violate any third-party’s intellectual property rights, these Terms or any policy incorporated by reference herein.

Property and Feedback

All rights, title and interest in and to the Website, the Service (including our products and courses) and their contents or components are and will remain the exclusive property of Lead Your Money, our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your User Content or feedback into subsequent versions.

The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries.  Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use our Website, the Service, our courses or their contents. 

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at support@leadyourmoney.ca. While we take no responsibility for any user, instructor or other third party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and remove the content.

Linked Sites

Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the “Linked Sites“).  The Linked Sites are for your convenience only and you access them at your own risk.  We and other users provide links and references to material on other websites not owned or operated by us.  Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites.  You access those links and corresponding sites at your own risk.

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.  

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial By Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. 

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on our Website or Service are hereby incorporated by reference, including but not limited to our Privacy Policy and Acceptable Use Policy.

Termination

Though we would much rather you stay, you can stop using our Website and Service at any time.  Your cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement.  In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the sale or transfer of control of Lead Your Money, or otherwise.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Other Terms

Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.  Continued use of the Website and Service after any such changes shall constitute your consent to such changes.

AMENDMENTS

AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.