Terms and Conditions
Terms and Conditions of Use for Ashley Greensmyth Counselling
Updated on August 8, 2021
PLEASE NOTE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase of any of our products, including online courses. These Terms and Conditions apply to all Ashley Greensmyth Counselling Online Courses and Workshops, including The Relationship Tune-Up Webinar and The Relationship Tune-Up Couples Workshop.
TERMS OF SITE & COURSE ACCESS AND PRODUCT BUYER AGREEMENT
All programs, products, and services are owned and provided by Ashley Greensmyth Counselling (“Company” or “We” or “Us” or “Our”) unless a course or workshop is explicitly proctored by Ashley Greensmyth and created and owned by another entity (such as The Gottman Institute). The term “You” or “Your” refers to any buyer of said program(s), product(s) or service(s) (the “Offering").
These Terms and Conditions of Use govern and define how You are allowed to use and access the Offering(s) of Ashley Greensmyth Counselling. We reserve the right to update and change these Terms and Conditions of Use at any time, and will indicate updates at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at email@example.com and We will make reasonable efforts to remove Your information from Our database.
This website is owned and operated by Ashley Greensmyth Counselling, a sole proprietorship in British Columbia, Canada. Use of this website is at Your own risk. We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed for your review. By moving forward with Your purchase of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. If you are younger than 18, but above the required age for consent to use online services where you live (for example, 13 in Canada or the US or 16 in Ireland), you may not access the Offering, but we encourage you to invite a parent or guardian to complete your purchase and help you in courses that are appropriate for you. If you are below this age of consent to use online services, you may not access the Offering under any circumstance. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to prevent and terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All text, designs, graphics, copyrights, and service marks (e.g., logos) are owned by and property of Ashley Greensmyth Counselling or the properly attributed party (the “Intellectual Property”). It is a violation of federal law to use any of the Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may use Our Intellectual Property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution, or use any Intellectual Property within the Offering that is attributed to a third-party.
ONLINE COURSE INTELLECTUAL PROPERTY
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Ashley Greensmyth Counselling. You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a digital copy or limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. You acknowledge that if You exceed the scope of this license, as determined by a legal authority such as a court of law, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole through compensation.
● Access and use the Offering for Your personal use (with the exception of Couples Webinars or Couples Workshops where Your partner/spouse can access and use the Offering, if others need to access the Offering, You or they must purchase additional Offerings at one per each individual).
● Download and/or print any Offering materials for Your personal use (with the exception of Couples Webinars or Couples Workshops where Your partner/spouse can access and use the Offering, others who may want to download, print, and/or use any materials from the Offering must purchase an Offerings at one per each individual).
You may not:
● Re-sell, copy, or trade Your personal copy of the Offering.
● Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
● Reprint or republish any of the Offering, in part or in whole.
● Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
● Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Offering for distribution as Your own work.
● Claim ownership or use over any of Our Intellectual Property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and other content; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
● Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting and receiving written permission prior to commencing use of the same by emailing Us at firstname.lastname@example.org.
CIVIL AND CRIMINAL PENALTIES
It is considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use with respect to digital content and Offerings. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction of and exclusive venue in the federal and state courts located in and serving British Columbia, Canada by opting into or purchasing any Offering or accessing its related communications and/or materials.
SECURITY AND ASSUMPTION OF RISK
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy or the likelihood of success for You as a result of the Use Offerings or information contained anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at email@example.com.
You agree that You understand individual outcomes will vary. Case studies or any testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
We make no warranties as to our Offerings, programs, products, services, or program materials. You agree that Offerings, programs, products, services, and program materials are provided "as is" and without warranties of any kind. We do not warrant that the programs, products, services, or program materials will be function, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the content are free of viruses of other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our program, product, or product materials in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We make reasonable efforts to provide You with modern, reliable digital files, technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider.
Under no circumstances shall We be liable for any delay or failure resulting, directly or indirectly, from any event or force majeure or other cause beyond our or their control. This includes, without limitation, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither We not any other indemnified part is responsible or liable for: (A) any incompatibility between the course file, website and any site, service, software or hardware; or (B) any delay or failure you may experience with any transmission or transaction related to the Offerings.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates and employees as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s).
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
Under no circumstances (including negligence) shall We be liable to You or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the Website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the Website or anyone else, even if We have been advised of the possibility of such damages. In no event shall Our total liability to You for all loss, cost, damage, liability or expense (including attorney’s fees and costs) that You may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by You, if any, for the right to access or participate in any activity related to the Website or $79.00.
You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms and Conditions of Use reflect a reasonable and fair allocation of risk between You and us, and that these limitations are an essential basis to Our ability to make the Offerings available to You on an economically feasible basis.
You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website, Offerings and any related communications as We deem appropriate and seek legal action if necessary. It is within Our sole discretion to allow anyone access to Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
COURSE PURCHASE REFUNDS
In the event that you decide your purchase was not the right decision for you, you may request a refund only if you have not received your digital copy. Because you will receive a digital copy of course material, We strictly offer no refunds after your digital file is transmitted via email or other delivery method. Your digital copy is considered to be transmitted and received by You when it has been electronically sent by Us to the email linked to Your payment method or other email address you have indicated during payment check out.
You agree to make every attempt to file for a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our future Offerings or other material(s). We reserve the right to present proof of Your email receipt and any confirmation and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from any related communications and may be banned from website access via IP address blocking. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
ALL RIGHTS RESERVED
Updated August 8, 2021
Information is collected in compliance with the British Columbia PERSONAL INFORMATION PROTECTION ACT.
INFORMATION THAT WE COLLECT
Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number, or demographic information like Your age, gender, or hometown. You consent to providing some of this information when You register with or make purchases from Our website. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
HOW WE USE YOUR INFORMATION
Your information allows Us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow Us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third party for processing such as MailChimp. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Send You a newsletter or other updates about Our company or website; and
7. Deliver targeted advertising; and
8. Request feedback from You; and
9. Notify You of updates to Our product and service offerings; and
10. Resolve disputes and troubleshoot any problems; and
11. Assist law enforcement as necessary; and
12. Prevent fraudulent activity on Our website or mobile app; and
USE OF EXTERNAL LINKS
External Links: Our website may include hyperlinks to other websites not controlled by Us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than We do.
PROCESSING YOUR INFORMATION
For the most part, We do not process Your information in-house, but give it to third-party processors for processing. For example, when Stripe takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us. So in many instances, it will be necessary for Us to transmit Your information to a third-party processor, as We do not have the capability to perform these functions.
We may, from time to time, process Your data internally.
We may process the following data:
1. Data associated with Your account, such as Your name, address, email address, and payment information.
2. Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
3. Data that You provide Us in the course of using Our services.
4. Data that You submit to Us when You make an inquiry regarding Our website or offerings.
5. Data related to Your transactions with Us, including Your purchase of Our goods or services. This information may include contact details and payment information.
6. Data that You provide to Us when You subscribe to Our emails or newsletters, including Your email address and contact information.
7. Data that You submit to Us via correspondence, such as when You email Us with questions.
8. Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to Us.
We will notify You promptly of any known breach of Our security systems or Your data which might expose You to serious risk.
This website is not designed for use by children, and We do not knowingly solicit personal data from anyone under the applicable age of consent in Your country. If You are under the applicable age of consent in Your country, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the applicable age of consent in Your country, please contact Us so that We may delete that data.
You have certain rights with respect to Your personal data, as outlined below. Note that We may charge You a reasonable fee for actions that You ask Us to take with respect to Your data. In addition, We reserve the right to request that You provide Us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.
UPDATE ACCOUNT INFORMATION
You have the right to update any information You have provided to Us. To update Your information, please contact Us at firstname.lastname@example.org.
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Emails and Communications: You may opt out of receiving future email correspondence from Us by checking the appropriate box when You register for the account or make a purchase. You may change Your communication settings by contacting Us at email@example.com.
We offer the opportunity for You to volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You will have an opportunity to unsubscribe from any future communications via email.