(Last updated June 29th, 2017)
SECTION 1 – GENERAL CONDITIONS
The Company reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by the Company.
SECTION 2 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The Company are not responsible if information made available on this site is not accurate, complete or current. The content on this site is provided for general information and use only. Your use of any information or materials on the Company’s Website is entirely at your own risk, for which the Company shall not be liable. It is your responsibility to ensure that any products, services or information available through the Company’s Website meet your specific requirements.It is subject to change without notice. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 – PRODUCTS OR SERVICES
Asha Suppiah International, Inc. provides productivity, business and lifestyle coaching and other products and services to individuals and groups. The Company puts forth significant skills, efforts and care to ensure customers meet their goals, however customers must understand and acknowledge that the Company will not be liable legally or otherwise, for the actions customers may or may not undertake as a result of purchasing coaching or other products and services.
Customers takes full responsibility in the decisions they make after purchasing Company’s coaching or other products and services as well as the consequences. The customers purchase coaching or other products and services with full understanding that they are responsible for creating their own results.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Company reserves the right to refuse any order you place with it. The Company may, in it’s sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6- PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
“Asha Suppiah International, Inc.”, the “Asha Suppiah International, Inc.,” logo and other compay graphics, logos, designs, page headers, button icons, scripts, names and branding, including anything related to the Program including, without limitation, any trademarks or intellectual property regarding the Become Unstoppable Program and all related websites, are trademarks, service marks or trade dress of THE COMPANY (“Asha Suppiah International Marks”). Asha Suppiah International Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. The Company or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Company thereon including all rights in and to Become Unstoppable coaching/membership programs and related websites and proprietary information (collectively, the “Content”). The Website and Program contain the copyrighted material, trademarks and other proprietary information of the Company and its licensors. You may display and make limited copies of the Content (other than the Asha Suppiah International Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of the Company which may be withheld for any reason.
The Website may contain (or you may be sent through the Website) links to other web sites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
SECTION 7 – ACCEPTABLE USE
Although the Company assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or purchasing products or services, or (iii) contact, advertise to, solicit, or sell to any User, or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, the Company reserves the right to remove content from the Website that violates acceptable use in the Company’s sole discretion and restrict the number of emails or messages that a User may send to others, if applicable, through the Website in any 24-hour or other period to a number that Company deems appropriate, in Company’s sole and absolute discretion. The Company reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in the Company’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification, as applicable; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account, as applicable. You agree not to impersonate any person or entity.
SECTION 8 – DISCLAIMERS
The Company is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Field Partners are not liable for content created and posted on the Website. The Company is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft (including theft of third parties of the Company’s Content and website materials) or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will the Company be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. The Company does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY DATA PROVIDED TO THE COMPANY OR ITS TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON FOR ANY INACCURACY, ERROR OR DELAY IN OR OMISSION OF ANY THIRD PARTY DATA OR THE TRANSMISSION OR DELIVERY OF ANY SUCH THIRD PARTY DATA AND ANY LOSS OR DAMAGE ARISING FROM (A) ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, (B) NON-PERFORMANCE OR (C) INTERRUPTION IN ANY SUCH THIRD PARTY DATA DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION BY THE COMPANY OR “FORCE MAJEURE” OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE COMPANY.
SECTION 9 – LIMITATION OF LIABILITY
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. The Company shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will the Company be liable to you or any third person for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from (i) your use of or your inability to use, this Website or any of the information or materials contained on this Website or involved in the Program, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the Website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the Website or participation in the Program, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Website, (v) any errors or omissions in any material on the Website, or (vi) any other loss or damage of any kind arising from or relating to your use of the Website or participation in the Program. These limitations shall apply even if the Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
SECTION 10 – DISPUTES WITH OTHER PARTIES
The Company is not responsible for your interactions with any other User and any disputes or damages that may result from such interactions. The Company reserves the right, but has no obligation, to monitor disputes between you and such persons.
SECTION 11 – GOVERNING LAW; RESOLUTION OF DISPUTES; ARBITRATION AND WAIVERS
This Agreement is governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and the Company, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration in the City of Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and the Company. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Ontario or Canadian statutes, as applicable, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the Company may seek any injunctive relief in a provincial or federal court in Ontario, Canada, as may be necessary to preserve rights pending the completion of arbitration and the Company may seek any injunctive relief in a provincial or federal court in Ontario, Canada, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary and Intellectual Property Rights) or Section 3 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND THE COMPANY HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
YOU WAIVE, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT YOU MAY HAVE TO CLAIM OR RECOVER, IN ANY LEGAL ACTION OR PROCEEDING, ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SECTION 12 – INDEMNITY
You hereby agree to indemnify and hold the Company harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
SECTION 13 – TERM; TERMINATION
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, the Company may make features available to Users as part of the Program. The Company reserves the right, in its sole discretion, to include or cease providing these features at any time whether or not you are and remain eligible to participate in the Program, use the Website or any of the Company’s services. The Company may terminate your participation in the Program and, if applicable, registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to the Company. If your participation in the Program and, if applicable, registered account is terminated by the Company, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or, if applicable, registered account is terminated, the Company has the right to delete your profile and remove your User Generated Content, as applicable.
SECTION 14 – ENTIRE AGREEMENT; SEVERABILITY
This Agreement, accepted upon your access and use of the Website or participation in the Program and Loan to the Company and further affirmed by becoming a User, as applicable, contains the entire agreement between you and the Company regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.