Effective Date: December 13, 2018
Welcome to our website located at https://www.scotthyoung.com (the “Site”). This Site is owned by Scotthyoung.Com Services Ltd. (“Company”, “we”, “us” or “our”), a company incorporated in the province of British Columbia, Canada. BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the terms and conditions set out in this terms of use (the “Terms”). By using this Site, you signify your acceptance of the Terms. If you do not agree with any part of the Terms, you must not use this Site.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. We will inform you of any material changes via email and/or a prominent notice on our Site prior to the change coming into effect. Your continued use of this Site following the posting and/or notice of its changes or modifications will constitute your acceptance of such changes or modifications. We advise you to review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
The Terms do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. If you have any question or comments regarding the use of the Site, please direct them to support@scotthyoung.zendesk.com.
1. INCORPORATED POLICIES OR TERMS
We believe strongly in protecting user privacy and providing you notice of our collection and use of data, including personal information, collected from the Site. We have has adopted a Privacy Policy that you should refer to fully understand how we use and collect your personal information.
2. ACCOUNT OBLIGATIONS
Once you have accepted the Terms and joined one of our courses, you will receive a username and password for your membership account (the “Account”) in order to access certain areas of the Site. In consideration of your use of the Site, you agree:
- to provide true, accurate, current and complete information about yourself;
- that you represent and warrant that you have the capacity and authority to execute agreements and place orders for our products and services;
- that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
- that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
- that you are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions arising out of your use of the Site;
- to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
- that you are fully responsible for managing your Account, including but not limited to maintaining the confidentiality of passwords and maintaining and promptly updating any Account information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site by you. Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.
3. INTELLECTUAL PROPERTY
All content included on this Site is the property of the Company and/or our various third party providers and is protected under the intellectual property laws of Canada and other jurisdictions. None of the content found on this Site may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without the express written permission of the Company and/or our third party providers.
The term “content” as used in this Terms includes any text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.
Scott H. Young, Scotthyoung.Com Services Ltd., the products and services described in this Site, and other indications of origin displayed in this Site are trademarks or trade names of the Company or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or our suppliers or licensors.
4. USE OF SITE
We grant you a non-exclusive, revocable and limited license to use this Site for your personal, non-commercial use only and as permitted by the features of the Site, you shall not use this Site for any other purposes. Except as explicitly provided herein, nothing in these Terms shall be deemed to convey to you any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content. Use of our content for any purpose not expressly permitted by the Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site or our products or services, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
5. USER CONTENT
Some areas of the Site allow you to post content such as profile information, comments, questions, course content and other content or information, any such materials that you upload, store, transmit, submit, post, display or otherwise make available on the Site (collectively, “User Content“) is generated, owned and controlled solely by you.
We do not claim any ownership rights in User Content, and you hereby expressly acknowledge and agree that User Content remains your sole responsibility. However, by sharing User Content through the Site, you agree to allow others to view, edit, and/or share User Content in accordance with these Terms. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Site.
You agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) contains any information or content that we deem to be unlawful, harmful, abusive, offensive, defamatory, infringing, invasive of personal privacy, libelous, threatening, or otherwise objectionable; (e) contains any information or content that is illegal; or (f) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
In connection with User Content, you represent and warrant that (a) User Content and our use thereof as contemplated by these Terms and the Site will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; (b) we may exercise the rights to User Content granted under the Terms without liability for payment of any fees or royalties payable under any agreement or otherwise; (c) to the best of your knowledge, all your User Content is accurate; and (d) you have the written consent of each and every identifiable natural person in your User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site and the Terms.
We take no responsibility and assume no liability for any User Content. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.
6. USER CONTENT LICENSE GRANT
By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, perform, display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and/or our business, including without limitation for promoting and redistributing the Site or any products and services provided through the Site in any media formats and through any media channels.
7. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
8. PAID PRODUCTS
We offer certain paid products and services (e.g. e-books and courses) (“Products”) through the Site. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable products. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and we reserve the right to change any fees. Any change, update, or modification will be effective immediately upon written notice to you.
We run promotions and sales for our Products from time to time and certain Products are only available at discounted prices for a set period of time. The price applicable to a Product will be the price at the time you complete your purchase of the Product (at checkout).
9. ORDER AND DELIVERY
No part of this Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. We will send you an order confirmation email to you to indicate our acceptance. Only once you receive confirmation email will there be a binding contract between you and the Company.
If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within seven calendar days.
10. REFUND POLICY
If the Product you purchased is not what you were expecting, you can request, within 60 days of your purchase of the Product, that we credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners. No credit or refund is due to you if you request it after the 60-day time limit has passed. To request a credit/refund, please contact us at: support@scotthyoung.zendesk.com.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your Account and to restrict all future use of the Site. If we ban your Account or disable your access to a course due to your violation of the Terms, you will not be eligible to receive any credit or refund.
11. TERMINATION
You agree that we, in our sole discretion, may terminate your Account or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms or applicable laws or regulations. Wemay also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.
12. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
Your use of the Site is at your sole risk. The Site and the content therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to this Site. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, contents, information, or materials.
We expressly disclaim all representations and warranties, express or implied, of any kind with respect to this Site or its use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the content or data found on this Site, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade.
13. LIMITATION OF LIABILITY
You agree that the company, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, access to or use of the Site. You agree that this limitation of liability, is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).
In no event shall the aggregate liability of the Company (whether in contract, warranty, tort (including negligence), product liability, strict liability or other theory) arising out of or relating to the use of the Site exceed the amount received by the company from you in the 180 days prior to the date on which you first assert a claim.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
14. INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
15. THIRD-PARTY LINKS
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
16. RELATIONSHIP
The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
17. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and the Terms.
18. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
19. SEVERABILITY
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
21. ENTIRE AGREEMENT
The Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.