valueSTK Terms of Use

Last Modified: February 18, 2020

 

Thank you for Using ValueSTK

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The following Terms of Use are entered into by and between You and 2368869 Ontario Inc / valueSTK (the “Company”, “we” or “us”).


The following terms and conditions, together with any documents referenced within (collectively, the “Terms”), govern your access to and use of our Website, including any Content, functionality and Services offered on or through the Website.


Please read these Terms carefully before you start to use the Website. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference.  If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.


You can review the current version of the Terms as found on the Website.  We reserve the right to revise the Terms at our sole discretion at any time. When we change the Terms, we will update the “Last Modified” date above. Any revisions to the Terms will be effective immediately upon posting by us.  


For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the Website, email notification, another method, or combination of methods. In all cases, your continued use of the Website after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.


1. Terminology

While some terms are defined elsewhere, this section sets out the definitions of some key terms.

Content” is a generic term that means all information and data (such as text, images, photos, videos, audio, and other documents) in any format that is uploaded to, downloaded from or appears on our Website.

Content Offering” is content that we may provide either as free or paid offerings, including but not limited to courses, programs and associated material, templates, and other resources made available by us.

Customer Content”, or “your Content” is Content that you provide to us, or upload to our Website.

valueSTK”, the “Company” “we” or “us” is our company 2368869 Ontario Inc.  valueSTK is a registered tradename of 2368869 Ontario Inc. 

The “Website” means our websites, valueSTK.com (and all its current and future subdomains), internet pages used by us, subscription services, and mobile applications, and any services that you access or purchase through our websites or mobile applications. It does not include Third Party Services that you access or use in connection with our services.

Third Party Services” are services that are not provided by valueSTK but that you may access or use in connection with our Website. They may include, social networking sites supported by our Website (such as Twitter, Facebook, LinkedIn and Instagram).  They may also include vendors or products that we use to deliver the service (such as Thinkific, Wordpress and Mailchimp).


The terms the “User”, “you”, or “your” refer to you our valued customer.


Any headings and titles herein are for convenience only.


2. Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

 

Use of Our Website

3. Who may use the Website

You agree to use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.


You agree to not use our Website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.


4. Accessing the Website, Electronic Communications and Account Security

There are places on the Website where we invite you to subscribe to our email subscription service. Our subscription service is for informational purposes only and does not represent a business agreement.  You may unsubscribe to the subscription service at any time, as set out in our Privacy Policy.


To access the Website, make purchases and use some of the services we offer, we may ask you to provide account registration details to identify you as a unique customer.  You authorize us to collect and use this information to contact you in accordance with our Privacy Policy. If you have not already subscribed to the subscription service, with your consent, we can subscribe you at this time.


When creating an account, you agree to provide us with accurate personal information, such as your email address, and other contact details in order to complete your order or contact you as needed. The email address that you provide for account purposes, will be used for electronic communications associated with the handing of your order and account, such as invoices, agreements and other notices about your account. You agree that receiving these communications via email satisfy any legal requirement to receive these communications in writing. 


You agree to promptly update your account and information, as required to use the service. You will promptly notify us if there is unauthorized use or access to your log-in credentials or account.


As set out in the Privacy Policy, we reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process.

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5. Use of Communication Services

The Website may contain areas that are designed for collaborative communications with and between us and our customers collectively, such as discussion boards, news groups, communities, and comment sections.  You agree to use these Communication Services only to post, send and receive messages and material related to the purpose of the service provided.


When using the Communication Services, you acknowledge that this is a public forum and you will take measures to protect your own privacy and information. The company claims no liability for any actions resulting from you using the Communication Services.


You agree that when using any or our Communication Services that you will not violate the legal rights of others, including violating their privacy and through improper conduct.  You will not use the Communications Services to advertise, promote or sell third party products or services, including your own.


You agree that you are responsible for the Content you provide, as described below in the section Your Content.


Though not obliged to monitor the Communications Services, we reserve the right to review Content and remove and/or delete any Content at our sole discretion.  We reserve the right to terminate your ability to post on our Website. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

 

Content Offerings

6. Products and Services

Our Website evolves constantly. We may change our Website, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Content Offerings or Services.


Unless otherwise indicated, prices displayed on our Website are quoted in US dollars.

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7. For Educational and Informational Purposes Only

The Website and our Content Offerings are for educational and informational purposes only.  Any resources made available through the Website shall not be understood or construed as legal, financial, tax, medical, health or any other professional advice.

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8.    No Guarantees as to Results

You agree that the Company has not made any guarantee about the results of acting on information received on or through the Website, Content Offerings and Communications Services.  You acknowledge responsibility for the ultimate success or failure of the results of your efforts, your situation, and other circumstances beyond the control of the Company.  You recognize that the results obtained by others using the Website, our clients or others, does not guarantee a similar outcome.

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9. Use of Paid Courses, Programs and Associated Material

The Company provides courses, programs and associated material for sale on the Website.   Associated materials may include downloadable templates, forms, checklists, and other tools or aids.


The company grants you limited, personal, non-exclusive, non-transferable license to use the materials as indicated in the paid offering.  You acknowledge that we retain all rights to the Content, and that it cannot be re-distributed or re-sold, without written consent from the Company.  You agree that you will not create any derivative work based on our Content Offerings.


We reserve the right to discontinue or limit access to any purchased offerings on the Website at any time, at our sole discretion, without refund or compensation. 


We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

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10. Use of Free Downloadable Content

The company may provide free downloadable Content in exchange for an opt-in to our subscription service.  Users may unsubscribe to the subscription service at any time, as set out in our Privacy Policy.


The company grants you limited, personal, non-exclusive, non-transferable license to use the materials as indicated in the paid offering.  You acknowledge that we retain all rights to the Content, and that it cannot be re-distributed or re-sold, without written consent from the Company.  You agree that you will not create any derivative work based on our Content Offerings.


We reserve the right to continue or discontinue the availability of the free downloadable Content at any time. We also reserve the right to use free Content, or a derivative of it, as part of our paid Content, at any time.

 

Your Content

The Company does not claim any ownership of any Content that you provide to the Website.  By submitting the Content to our Website, you are acknowledging the right of fair use of your submission.


You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.


You agree that you will not post, distribute or share any Content on our Website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party.

 

Links to Third Party Websites and Services

Links from or to Websites outside our Website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the Content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking.


Certain services made available via the Website are delivered by Third Party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

 

Intellectual Property

You retain your rights to any Customer Content you submit, post or display on or through the Website.


We welcome suggestions, ideas, comments and other feedback regarding the Website and our Content Offerings.  You grant us the right to use any feedback submitted by you without any restrictions or compensation.  You waive any rights to our use of similar or related feedback, already identified and used in development by the Company.


We keep all rights and interests in our Website. The Website contains Content owned or licensed by the Company.  We retain all rights to the Website and in any of our Content Offerings.

 

Refund Policy

Requests for refunds are to submitted via email at payments@valuestk.com referencing valueSTK refund request in the subject line.


You can request a full refund up to 10 days after paying for access to a course or workshop provided you have not yet accessed the Content through the Website. 


Any request for refunds after ten days following purchase, or once you have accessed the Content, if approved, will receive a discount coupon which can be used towards a future valueSTK online course. In such cases, 20% of the course fee will be charged as an administration fee. This will only be granted if you have accessed less than 25% of the course.


Any eligible refund will only be processed with confirmation that payment has been received through our payment processor.


When an eligible refund is granted, the Company will issue instruction to our payment processor to issue the refund. It then is the responsibility of the payment processor to complete the transaction.


If you receive a refund of any purchase, that will end any entitlement to the use of the Content Offerings or Services under these Terms.

 

Termination and Access Restriction

We may refuse to provide service (including the Website) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Website for any reason, at any time, without notifying you in advance.

 

Errors and Omissions

Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.


We do not undertake to update, modify or clarify information on our Website, except as required by law.

 

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.


The use of our Website is at your sole risk and you assume full responsibility for any costs associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.


In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Website or the content or material or functionality through our Website, even if we are advised of the possibility of such damages.


Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the Province of Ontario, Canada without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the Province of Ontario in the City of Mississauga.


The Province of Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 

General Terms

11. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Website, your violation of the Terms, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

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12. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

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13. Assignment

You may not assign your rights under these Terms to anyone else. We may assign our rights to any other individual or entity.

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14. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

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15. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

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1. Change in Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

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17. Contact Us

Please send all questions, comments and feedback to us by email to: info@valuestk.com


or by post:


Re: valueSTK / Terms of Use

2368869 Ontario Inc

402-60 PO Box 30103 Cityside Postal Outlet

Mississauga, ON, Canada, L4Z 0B9

valueSTK is a registered trade name of 2368869 Ontario Inc.

 

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