Terms of Service

1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

BY VISITING AND/OR PURCHASING FROM WWW.KARENSCOACHINGKORNER, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.

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This website is operated by Karen Vaile Coaching. Throughout the site, the terms “we”, “us”, and “our” refer to Karen Vaile Coaching. Karen Vaile Coaching offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refer to site visitors, customers and any other users of the site.

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By visiting our site and/or purchasing something from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

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Use of www.karenscoachingkorner.com, including all materials presented and all online services provided by Karen Vaile Coaching is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

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Any new products, resources, features, or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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2. ONLINE STORE TERMS & REFUND POLICY

By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.

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You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.

Due to the digital nature of our products, we offer a 24-hour refund policy if you mistakenly purchase the wrong product. Terms apply. Please share your concerns with us via email at karenvaile@hotmail.com and we’ll do our best to make things right.

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You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

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3. GENERAL CONDITIONS

Karen Vaile Coaching and www.karenscoachingkorner.com (“We”) reserve the right to refuse service to anyone for any reason at any time.

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You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

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You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.

In other words, you can’t share anything you purchase from us with anyone else because you only purchased one license to the product.

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We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. 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.

4. ACCOUNT CREATION

In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Karen Vaile Coaching will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing immediately and change your password.

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5. LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.

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6. ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

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7. PRODUCT DESCRIPTION

We endeavour to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

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8. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

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We have made every effort to display as accurately as possible the colours and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

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We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited

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We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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9. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

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10. OUR INTELLECTUAL PROPERTY

This Site and Service contain intellectual property owned by Karen Vaile Coaching, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Karen Vaile Coaching name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

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11. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time.

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We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the products.

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12. NON-DISPARAGEMENT

You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about the Company’s goods or services.

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13. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, KAREN VAILE COACHING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF KAREN VAILE COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KAREN VAILE COACHING CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM KAREN VAILE COACHING AND/OR WWW.KARENSCOACHINGKORNER AND IF NO PURCHASE HAS BEEN MADE BY YOU, KAREN VAILE COACHING CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100

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14. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.

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15. CHANGES TO POSTED TERMS

We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

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16. HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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17. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Karen Vaile Coaching pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Karen Vaile Coaching shall be deemed or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Karen Vaile Coaching.

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18. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Karen Vaile Coaching

55 Delisle Ave

Toronto, Ontario
M4V 3C2

E-mail address: karenvaile@hotmail.com

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19. GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario, Canada as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Toronto Ontario. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

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20. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

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21. SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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22. ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

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Questions about these Terms and Conditions? Email us at karenvaile@hotmail.com

Updated: January 6, 2022