Last updated on June 22, 2022
This website, thenotleycreative.com (“Site”) is owned and operated by Ashley Notley, a business operating under the laws of Ontario, Canada. In these Terms, “we”, “us” and “our” refer to The Notley Creative and the terms “you” or “your” refer to any individual user of our Site.
COURSE USE AND CONSENT
By purchasing or accessing any Services, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Services if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of our Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
Fees are as listed on our Site and in CDN dollars. We reserve the right to change our Fees at any time and without notice.
We do not provide refunds. Any refunds issued will be in our sole discretion and determined on a case-by-case basis.
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law. .
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.
Any and all materials that you access as part of any Services through our Site or related domain are under the sole ownership or licensed use of The Notley Creative including all Intellectual Property.
When you purchase or opt-in to any Services, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Services. You do not obtain any ownership interest or other rights to the materials and all copyrights remain with us. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use only; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only; and (iii) use any of our Intellectual Property with our prior written consent so long as all materials show “
The Notley Creative “ as the source of the materials and marking any of our federally registered trademarks with “ ” or our common law trademarks with “ “. If you wish to use, publish any of our content, resources or materials provided to you as part of the Services you must first write to us firstname.lastname@example.org and request our consent.
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to email@example.com.
Use of Third-Party Applications
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.
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 the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, 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, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
Online Store Disclaimer
Certain products may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
Governing Law and Jurisdiction
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
All Rights Reserved