Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Dated: 17-March-2013
1. ACCEPTANCE OF TERMS
These terms (the “TAC”) are entered into by and between You and/or on behalf of your employer (“You”, “Your”, “Yourself”, “User”) and Pathway to Enlightenment Inc. (“We”, “Us”), which may be updated by us from time to time without notice to you.
This Agreement governs your use of the web site at pathwaytoenligtenment.com (“Site”) and any services, memberships or products provided (“Services”) provided by Pathway to Enlightenment Inc. , its subsidiaries, affiliates and contractors.
You are deemed to have accepted this Agreement and our Privacy Policy available at http://pathwaytoenlightenment.com/privacypolicy upon: (a) your submission of an online or telephone request for Services; (b) you accepting the Terms of Use electronically during registration (c) in the course of initiating a session online or via the telephone (d) use of any services or products (e) use of pathwaytoenligtenment.com. If you do not agree to these Terms, You may not access or use the Site or Services.
The information provided is not intended for use as a source of medical, legal, business, accounting, financial or any advice. You have been advised to seek services of competent professionals in the medical, legal, business, accounting, finance and other respective fields prior to following any thing outlined on the downloaded product or made available by membership.
2. DESCRIPTION OF SERVICES
Pathway to Enlightenment Inc. provides information, products, workshops, seminars, software, tools, for individuals and corporations. The Site or Services may not always be available due to system maintenance or Internet service disruptions and some personal computers may not be able to receive the Service. This service is only available providing you have Internet connectivity. All Services are provided on an AS IS basis, access and availability of Service is not guaranteed.
You agree that Pathway to Enlightenment Inc. has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Site or Services.
3. YOUR OBLIGATIONS
You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself and/or employer to the Terms; (c) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Site or Services, (e) any information You submit to Pathway to Enlightenment Inc. is correct and complete, and (f) any payment or credit card information You supply is correct.
You agree that you are responsible for all use on your account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission.
In practical advice books, like anything else in life, there are no guarantees of income made. You are cautioned to rely on Your own judgment about their individual circumstances to act accordingly.
You are advised to seek services of competent professionals in the medical, legal, business, accounting, finance and other respective fields prior to following anything outlined on the downloaded product or made available by membership or use on this Site.
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Site or Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Pathway to Enlightenment Inc. trademarks; and (3) no modifications are made to any Content. The rights granted to You in connection with the Site or Services constitute a license and not a transfer of title. Pathway to Enlightenment Inc. reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Pathway to Enlightenment Inc.. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Site or Services in whole or in part without the prior written permission of Pathway to Enlightenment Inc. . Any rights not expressly granted herein are reserved by Pathway to Enlightenment Inc. .
4. PRIVACY
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to Pathway to Enlightenment Inc. (“Submissions”) shall be considered non-confidential and Pathway to Enlightenment Inc. property. By providing such Submissions to Pathway to Enlightenment Inc., You agree to assign to Pathway to Enlightenment Inc., at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Pathway to Enlightenment Inc. shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Site or Services may be purged periodically in Pathway to Enlightenment Inc. sole discretion.
You have read and accept the terms of our Privacy Policy.
5. ACCOUNT, PASSWORD, AND SECURITY
In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate your email address as your username and a password. You are responsible for maintaining the confidentiality of any password or account information You receive or use from Pathway to Enlightenment Inc. and are responsible for all activities that occur using that password or other account information. You must notify Pathway to Enlightenment Inc. immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Pathway to Enlightenment Inc. has no liability for any unauthorized use of the Site or Services under Your account or on Your computer.
While we use reasonable security measures to deliver the Site or Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.
6. INTERNATIONAL USE
Currently, the Site or Services are only available for residents of Canada, United States of America, England & Australia. Pathway to Enlightenment Inc. may, from time to time, offer Services and/or promotions to residents of other countries. You agree to comply with all applicable laws and regulations of Canada and that of your respective country.
7. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PATHWAY TO ENLIGHTENMENT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES OR YOUR VIOLATION OF THE TERMS.
The content of the product and website is not warranted or accurate. While all attempts have been made to verify information provided in this product and website, the Publisher/Author/Directors/Contractors assumes no responsibility for errors, omissions, or contrary interpretation of the subject Matter herein. Any perceived slights of specific persons, peoples, or organizations are unintentional.
8. NO RESALE OF SERVICE
Your use of the Services is not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your personal support technology, or providers of services relating to such technology, to access or use the Services.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You acknowledge and agree that we do retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our Users. Please see our Privacy Policy for further details.
10. MODIFICATIONS TO SERVICES
Pathway to Enlightenment Inc. reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue temporarily or permanently any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
PATHWAY TO ENLIGHTENMENT INC. RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, PATHWAY TO ENLIGHTENMENT INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION PATHWAY TO ENLIGHTENMENT INC. MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION IN YOUR ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
12. LINKS
This Site may contain hyperlinks to Web sites that are not controlled by Pathway to Enlightenment Inc.. Pathway to Enlightenment Inc. is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may not provide any type of link to the Site without the express written permission of Pathway to Enlightenment Inc.. We reserve the right, however, to deny any request or withdraw any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Pathway to Enlightenment Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Pathway to Enlightenment Inc..
13. PROPRIETARY RIGHTS AND TRADEMARK
The Site or Services, and the Software and Content provided with the Site or Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws.
Pathway to Enlightenment Inc., pathwaytoenlightenment.com, all Pathway to Enlightenment Inc. product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of Pathway to Enlightenment Inc.. Such trademarks, service marks and trade names may be registered in Canada and internationally. Nothing on the Site should be construed to grant any license or right to use any Pathway to Enlightenment Inc. marks without the written consent of Pathway to Enlightenment Inc.. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Pathway to Enlightenment Inc. and its products, or (2) an endorsement of the company or its products by Pathway to Enlightenment Inc..
14. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PATHWAY TO ENLIGHTENMENT INC. DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR INCIDENT OR QUESTION, OR COMPUTER INCIDENT. PATHWAY TO ENLIGHTENMENT INC. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PATHWAY TO ENLIGHTENMENT INC., ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF PATHWAY TO ENLIGHTENMENT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF PATHWAY TO ENLIGHTENMENT INC. TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR CAD$ 100.00 (ONE HUNDRED)
16. FORCE MAJEURE
In the event Pathway to Enlightenment Inc. delivery of Site or Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labour difficulties; computer “hacking” attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Pathway to Enlightenment Inc. reasonable control, then Pathway to Enlightenment Inc. shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
17. RESTRICTIONS
You shall not: (a) “mirror” any Content on the Site on any other server without Pathway to Enlightenment Inc. prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Pathway to Enlightenment Inc. or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Site or Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Site or Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Site or Services; or (h) interfere with the Site or Services or any system, service, network, or person accessible from the Site or Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
18. USE OF THIRD PART SOFTWARE
You acknowledge and agree that use of all Pathway to Enlightenment Inc. resources, third party applications, software (“accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification.
19. CHARGES AND FEES
The applicable fees for the Services You order will be available on the Site and may be quoted on the telephone or online chat. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.
20. LAW AND JURISDICTION
You agree that the laws of the Province of Ontario shall govern these Terms. Except for actions for injunctive relief to protect Pathway to Enlightenment Inc. intellectual property, any dispute arising out of the Services shall be subject to laws of Ontario.
In the event Pathway to Enlightenment Inc. seeks injunctive relief against You for breach of its intellectual property rights or if the above agreement to arbitrate disputes is not enforceable in Your jurisdiction, You expressly agree that exclusive jurisdiction for any claim or dispute with Pathway to Enlightenment Inc. or relating in any way to Your use of the Site or Services resides in the Province of Ontario and You further agree and expressly consent to the exercise of personal jurisdiction in the Province of Ontario, Canada, in connection with any such dispute and including any claim involving Pathway to Enlightenment Inc..
You agree that, notwithstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Site or Services, these Terms or the Site must be filed within one (1) year after such claim or action arose or be forever barred.
21. COMMUNICATION
The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
Notices and communications to Pathway to Enlightenment Inc. must be sent to info@pathwaytoenlightenment.com
22. GENERAL INFORMATION
Entire Agreement. The TAC constitute the entire agreement between you and Pathway to Enlightenment Inc. and govern your use of the Service, superseding any prior agreements, oral or written, between you and Pathway to Enlightenment Inc. with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Pathway to Enlightenment Inc. services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TAC and the relationship between you and Pathway to Enlightenment Inc. shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Pathway to Enlightenment Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
Waiver and Severability of Terms. The failure of Pathway to Enlightenment Inc. to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Pathway to Enlightenment Inc. account is non-transferable and any rights to your Pathway to Enlightenment Inc. I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted, this does not apply to corporate account holders.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Pathway to Enlightenment Inc. may reasonably require from time to time for the purpose of giving effect to these TAC, including regularly reviewing the TAC and updating your registration information.
Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris TACt avis, soient rédigés en anglais.
The section titles in the TAC are for convenience only and have no legal or contractual effect.