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Terms and Conditions

These Terms of Use for our website (“Website”) state how you may use our Website. 

Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By using our website, now or in the future, you are agreeing immediately upon the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our website. 

Words You Need to Understand 

“Client” or “you” means any user of our Website and any of our Materials. 

“Company”, “we”, “us” or “me” means Challenge Factory Inc. 

“Materials” means blogs, content, case studies, keynote speaking, research, downloadable guides or information product, e-book, audio, video or other materials created by us that are provided to you for your educational and informational purposes through our Website, and Materials and that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money, 

“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each user (including you) of our Website, and Materials, as amended from time to time by us in our sole discretion, without notice to you. 

“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Materials or any other information accessed through our Website, and Materials for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.  

How You May Use Our Materials 

You consent to use our Materials as described in the following paragraphs, which collectively are referred to as the “Terms of Use”. 

By accessing our Website and using any of our Materials, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, or using our Materials, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use. 

All our Materials are intended solely for persons who are 18 years of age or older. Any registration by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms of Use. By Registering you represent and warrant that you are at least 18 years of age. 

Intellectual Property Rights 

Our Limited License to You.  

Our Website, and Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Website, and Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.  

The content on our Website, and in our Materials is solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to: the design, layout, look, appearance, graphics of our Website, and  Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. 

If you purchase or access any of our Materials through Website, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. 

You are permitted to use our Website, and Materials in the following manner: 

You may use our Website, and Materials and Materials for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any content of our Website, and Materials or Materials including blogs, content, case studies, keynote speaking, research, downloadable guides or information product, e-book, audio, video  or other materials created by us that are provided to you for your educational and informational purposes through our Website, and Materials blogs, case studies, keynote speaking content, publications, handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.  

Any trademarks, taglines, and logos displayed on our Materials are trademarks belonging to us. All trademarks reproduced on our website, of which we do not own or hold a licence, are acknowledged on our Website, and Materials. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted in these Terms of Use. 

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools, Materials or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so. 

All rights not expressly granted in these paragraphs in these Terms of Use or in any written licence, are reserved by us. 

Information You Must Not Share with Others. 

As a Licensee, you understand and acknowledge that our Website, and Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use. 

When you access our Materials, you agree that you are clearly and expressly prohibited from doing any of the following acts: 

  1. You will not copy, share or steal our Website content or Materials, or any parts of them. 
  2. You will not in any way use, copy, adapt or represent our Website, and Materials or their      content in any way as if they are yours or created by you.  
  3. You will not engage in the Improper and/or Unauthorized Use of our Website, and Materials. 
  4. You will not duplicate, share, trade, sell, or otherwise distribute our Website content or Materials to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Website, and Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Website, and Materials. 
  5. You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Website, and Materials for publication or compilation into your own website, and materials for your own personal, business or commercial use or in any way that earns you money. 
  6. You will not use our Website, and Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing. 
  7. You may not engage in Improper and/or Unauthorized Use of our Website, and Materials or any other information related to our Services .  

You understand and agree that doing, participating in directly or indirectly or engaging in the prohibited, Improper and/or Unauthorized Use of our Website, and Materials as set forth in these Terms of Use is considered theft and stealing. You agree and understand that prohibited use, Improper and/or Unauthorized Use may give rise to a civil claim for damages and may be turned over to the police for investigation as a criminal offence. 

Personal Responsibility and Assumption of Risk 

You agree that you are using your own judgement in using our Website and Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Materials. 

DISCLAIMER 

To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Materials, 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 distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service or Materials participant or user, including you. 

Technology Disclaimer.  

We try to ensure that the availability and delivery of our Website, and Materials is uninterrupted and error-free, including our content and communications through methods like our website, email communications, videos, audio recordings, downloadable PDF printed guides or information or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages should our Website, and Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, and Materials inaccessible to you. 

Errors and Omissions.  

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Materials. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law. 

Force Majeure. 

We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.  

Links to Other Websites.  

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Materials. These links are provided for your convenience and the inclusion of any link in our Website, and Materials to any other website and materials does not imply our endorsement, sponsorship, or approval of that Website, and Materials or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Website, and Materials. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other Website. And Materials or their content.  

By accessing and/or using our Website Materials in any way or for any reason, you also implicitly agree to our full disclaimer which is contained in these Terms of Use, and which may be found on our Website. 

Indemnification, Limitation of Liability and Release of Claims 

Indemnification.  

You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor client basis, arising out of or related to our Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us, to the full extent permitted by applicable law. 

Limitation of Liability.  

We will not be held responsible or liable in any way for the information or materials that you request or receive through or on our Website, and Materials We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Programs, Services and Program Materials, or in any way. In the event that you use our Website, and Materials any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility. 

Release of Claims.  

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, and Materials , and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law. 

Your Conduct.  

You are agreeing that you will not use our Website, and Materials or Materials in any way that causes or is likely to cause the Website, and Materials or Materials or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us. 

You must use Website, and Materials and Materials for lawful purposes only.  

Communication Guidelines 

If you have a question or concern about your Website and Materials  , you may contact us by email at the email address provided on the last page of these Terms of Use and we will do our best to reply to your question or concern. 

CONFIDENTIALITY AND PRIVACY 

Our Privacy Policy forms part of these Terms of Use and may be found here.

Dispute Resolution 

 It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or our Website and Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process. 

Governing Law  

These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada. 

Survival 

These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will survive the termination of our agreement by either you or by us. 

ENTIRE AGREEMENT 

These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Website and Materials which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use. 

SEVERABILITY 

If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.  

TIME 

Time shall be of the essence in all respects of the Agreement. 

Contacting Us 

Whenever a provision in these Terms of Use state that you are to contact us in writing, we ask that you send an email to clientservice@challengefactory.ca 

If you have any questions about any provisions in these Terms of Use, please contact us.