PLEASE READ THE TERMS AND CONDITIONS OF WEB SITE USE CAREFULLY BEFORE USING THE CRYSTAL FACTOR HUMAN SERVICES (THE "WEB SITE"). ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY STATEMENT. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE OR ACCESS THIS WEB SITE. In using our Website, you are contracting with The Crystal Factor Human Services for the use of our services and products made available under the domain name www.thecrystalfactor.com
The Crystal Factor Human Services ("TCF"), formerly HEADWAY COACHING INTERNATIONAL ("HCI"), RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.
1. Purpose of the Web site
The purpose of this is to allow you, as a user of this Web site, to access our products and services. This Website is controlled and operated by TCF, from our offices within the Province of Saskatchewan, Canada. TCF makes no representation that the Website and Web site Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.
2. Ownership of Web site and Web site Materials
The Website, its design, images, and content are owned, operated and are the exclusive property of TCF and contain copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Web site. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. TCF shall enforce these intellectual property rights to the fullest extent of the law.
3. Right to Use Website and Website Materials
You, as a user of this Website and the Website Materials may use this Website and Website Materials for the sole purpose of accessing TCF's services and products. This right to use is a non-exclusive, world-wide license. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user's benefit or the benefit of any third party without the express written consent of TCF.
4. Restrictions on Use
(a) No information or material from the Website or Website Materials may be reproduced, redistributed, republished, uploaded, posted, transmitted in any manner whatsoever except for the purpose specified in 3 above.
(b) You are not use any information or material from the Website or Website Materials for any other works including any and all trademarks or copyright works and agree not to engage in activities or provide information that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(c) You agree that you shall not acquire any right, title or interest in the Website and Website Materials through use of the Website and agree to abide by copyright and other proprietary notices contained therein.
(d) You agree not to copy, transfer, transmit, sublicense or assign or transmit the Website or Website Materials over a network, by telephone or electronically using any other means without the express written consent of TCF.
(e) You agree not to distribute to or otherwise disseminate through the Web site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
(f) You agree not to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.
(g) You agree not to provide information or participate in activities that will result in the transfer to our Website of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Website’s systems, programs, content, information or applications.
(h) You agree not to bypass any measures that we have taken to restrict access to our Website without our express written consent and you shall not engage in activities that would interfere with the operation of our Website or Website activities.
(i) You agree not to use any robot, spider, scraper or other automated means to access our Website for any other purpose than set out in 3 above without our express written consent.
(j) You agree not to impose an unreasonable load on our Website infrastructure that would affect the operation of our Website.
5. Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU. TCF DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY TCF OR BY A REPRESENTATIVE OF TCF SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. TCF DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
TCF DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
TCF specifically disclaims any responsibility for the accuracy, content or availability of information found on websites that link with this Website or from third parties websites.
6. Limitation of Liability
By using our Web site and Web site Materials, you assume all liability and risk for use and absolve TCF of any liability for use of the Web site and Web site Materials. TCF's entire liability and the user's entire remedy shall be to discontinue use of the Web site and Web site Materials. In no event will TCF's liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Web site or Web site Materials, or for any claim by any other party, even if TCF has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL TCF BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR ECLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify TCF from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Web site and Web site Materials or from your breach of the Terms and Conditions of Use. You agree to notify TCF immediately upon becoming aware of any unauthorized use of the Website or Web site Materials and take all reasonable steps to prevent subsequent unauthorized use. TCF reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defense.
8. User Information and Privacy
TCF does not use our Website to collect any personal information regarding users of the Web site but does collect and retain information regarding your use of the Website. TCF will not sell, rent or distribute such information collected to any other third party. Please review our Privacy Statement and Privacy Code to review how TCF handles privacy issues on our Website. Our Website may use “cookies” for the purposes of maintaining proper process sequencing and information but TCF will not use “cookies” to surreptitiously gather information from a user’s computer. By using the Web site, you are authorizing TCF to collect such information. To the extent that information is collected regarding your use of the Website, you authorize TCF to use such information for any purpose whatsoever related to the business of TCF. Should you not wish to give such authorization, then you must notify TCF to the contrary by emailing us at Crystal@HeadwayCoachingIntl.com. Notwithstanding such notification, TCF reserves the right at all times to disclose such information about your use of our Website necessary to meet any law, regulation, government request or court order. You acknowledge and agree that TCF cannot ensure or guarantee your secure access or privacy on our Website given that no transmission over the Internet can be guaranteed to be 100% secure and as result any use of the Website shall be at your sole risk.
9. Survival of Obligations
The obligations pursuant to the provisions of 2, 4, 6 and 7 survive the termination of these Terms and Conditions of Use.
Your right to use this Web site and Web site Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminate automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Web site and any and all copies thereof.
11. General Terms
Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of Alberta and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Alberta and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by TCF.
In the event of a dispute:
These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Web site shall constitute the entire agreement between you and TCF.
Should TCF waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.
The terms Power Coach®, Power Coaching® and Mind-Kinetics® are trademarks and registered trademarks of Coaching and Leadership International Inc.