Terms of Purchase and Sale

TERMS OF PURCHASE AND SALE

PLEASE READ THESE TERMS OF PURCHASE AND SALE (THE “TERMS”) CAREFULLY BEFORE COMPLETING A PURCHASE FROM US.  IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS UNDER THESE TERMS, OR REQUIRE AN EXPLANATION OR CLARIFICATION ON THESE TERMS, PLEASE CONTACT US AT THE INFORMATION PROVIDED BELOW.  

BY PURCHASING OR USING ANY OF OUR PRODUCTS, YOU AGREE TO ABIDE BY THESE TERMS WHICH ALSO INCORPORATE OUR TERMS OF USE AND PRIVACY POLICY.  IF YOU DO NOT AGREE WITH EITHER OR BOTH OF THESE TERMS, THEN PLEASE DO NOT PLACE AN ORDER WITH US.

ARBITRATION AND CLASS ACTION NOTICE:  THESE TERMS REQUIRE THE USE OF ARBITRATION RATHER THAN TRADITIONAL LITIGATION BEFORE A COURT.  THESE TERMS ALSO EXPRESSLY EXCLUDE THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT. THIS MAY LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  

NO REFUNDS/FINANCIAL RESPONSIBILITY NOTICETHESE TERMS PROVIDE AN EXPLICIT STATEMENT THAT THERE ARE NO REFUNDS.  SINCE WE ARE CLEAR ABOUT THIS POLICY, YOU SHALL REMAIN RESPONSIBLE FOR PAYMENT IN FULL FOR THE PRODUCTS WHICH YOU HAVE PURCHASED.  

1. DEFINITIONS

In these Terms, the following words have the following meanings:

a.  Products” means any programs, products, and/or services, that you purchase from us and includes, but is not limited to all services and items available for sale or provided by us, and all mentoring and/or coaching provided by us;

b.  “Site” includes the following website: www.merelkriegsman.com and all associated web pages;

c.  “we”, “us” or “our” means, individually or collectively, 10575801 Canada Limited and its officers, agents, directors, and/or Merel Kriegsman; and

d.  “you” or “your” means the person buying Products from the Site or from us.

2. ORDERING FROM US.  You acknowledge and agree that extensive time and effort goes into creating and providing the Products, especially at the outset, where the initial outlay of information provided requires a significant amount of time and dedication by us for you. Given the foregoing, we have strict payment and non-refund policies. You agree that you are financially willing and able to invest in the Products and that you are doing so freely and voluntarily.  You further acknowledge and agree that the agreements contained in this Section 2 are an integral part of the transactions contemplated in these Terms and, that without you accepting the Terms, we would not provide the Products to you.  

a.  Eligibility. Our Products are intended solely for users who are the legal age of majority in the jurisdiction of their residence and who have the mental capacity to enter into legally binding contracts under applicable law.  Any use, access, or purchase of any Products by anyone under the age of majority or lacking capacity in their jurisdiction is unlicensed, and in violation of these Terms. By accessing or using our Products, you represent and warrant that you are at least the age of majority in the jurisdiction of your residence and have the capacity to agree to be bound by these Terms.

b.  Offer and Acceptance of Orders.  When you purchase Products from us, you are obligated to pay the price set out on the order summary page.  The order shall be deemed to be accepted when you accept these Terms and place the order, at which point payment shall be earned by us in full, immediately.  Please note that, while payment plans may be granted in certain circumstances, the full purchase price is due and payable upon you submitting your order.  

c.  Payment Plans and Late Payments.  Payment plans are granted on a case-by-case basis, in our sole discretion, and payment plans must be established prior to completing any purchase of the Products.  If you fail to make payment under any payment plan, any right to a payment plan shall cease and the balance of the entire purchase price shall immediately become due and payable.  If paying by credit card, you give us permission to automatically charge your credit or debit card as payment for your Products without any additional authorization, for which you will receive an electronic receipt.  If there are ever any outstanding amounts owing, interest shall be charged on those unpaid amounts at the rate of 24% per annum.  

d.  Payment.  Payment of the purchase price for any Products shall be made using one of the methods indicated on the payment page or by other method if we indicate otherwise.  The processing of payments will be subject to these Terms, our Terms Of Use and Privacy Policy, as well as those terms, conditions, and privacy policies of the relevant payment processor (the “Payment Processor”). By submitting your credit card information, you grant us and/or the Payment Processor the right to store and process your information and you agree that we will not be responsible for any failures of the Payment Processor to adequately protect such information. We are not responsible for errors by the Payment Processor.  By selecting to purchase Products, you agree to pay us all charges at the prices then in effect and you authorize us, through the Payment Processor or directly, to charge your chosen payment method.

e.  Taxes.  You represent and warrant that no taxes are owing in your jurisdiction arising from your purchase and/or use of the Products; however, should any taxes, levies, or other amounts be determined to be owing, you agree to pay these amounts and to indemnify us from all costs or claims related to the same.

f.  Refunds and Returns.  Your satisfaction with the Products is important to us; however, because of the extensive time and effort that goes into creating and providing the Products, unless otherwise provided by law, we have a no refund and no return policy.  By accepting these Terms, you expressly understand and agree that all payments will be irrevocable, non-refundable, and non-creditable and that you are not entitled to a refund under any circumstances.  You understand and agree that it is your responsibility to make any inquiries about the Products prior to purchasing, as once the purchase is complete, there are no refunds in any circumstance.  All sales are final.  

g.  Chargebacks. Given our clear payment and no-refund polices under these Terms, all of which you have agreed to as a condition to completing the purchase of the Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company.  Your agreement with us will automatically terminate upon such attempt to seek a chargeback from your credit card company and you will remain responsible for payment in full for the Products which you have purchased.  If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to avail to all reporting mechanisms with credit reporting agencies, including providing all relevant details to such agencies, and will not remove this information until we receive your payment in full.

h.  Cost of Enforcing Terms.  If we incur any costs, expenses, or fees, including reasonable legal fees and professional collection services fees, in connection with the collection or payment of any amounts due it under these Terms, you agree to indemnify and reimburse us for all such costs, expenses and fees.

3.  NO REPRESENTATIONS OR WARRANTIES/LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF ADVICE, AND NONINFRINGEMENT.  THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PRODUCTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE OR OPPORTUNITY.  YOU AGREE AND UNDERSTAND THAT WE SHALL LIMIT OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

4.  INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS ANY OF OUR AFFILIATES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, 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, ARISING OUT OF OR RELATED TO OUR PRODUCTS, OR YOUR BREACH OF ANY OBLIGATION, WARRANTY, REPRESENTATION OR COVENANT SET FORTH IN THESE TERMS OR IN ANY OTHER AGREEMENT WITH US. 

5.  EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6.  TERMINATION 

If we determine, in our sole discretion, that you have violated any of these Terms or other agreements with us, we may terminate your use or access to our Products, in full or in part, with or without prior notice.  

7.  DISPUTES

a.  Governing Law & Venue and Arbitration. These Terms will be governed by and construed and enforced in accordance with the laws of the Province of Saskatchewan, in the country of Canada, without giving effect to the conflict of laws rules or choice of laws rules thereof. The venue for any action arising hereunder shall be in the City of Saskatoon in the Province of Saskatchewan, in the country of Canada.  

b.  Dispute Resolution.  Should conflict arise out of your purchase of the Products or from the interpretation and/or application of these Terms, we agree to work it out amicably with you.  However, if we are unable to seek resolution through good-faith negotiation within 30 days, you agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected unless otherwise agreed to in writing or otherwise provided under The Arbitration Act (Saskatchewan).  You understand and agree that the only monetary damages that can be awarded to you through arbitration are a full refund of your payment made for the Products and that no other financial awards of consequential damages, or any other type of damages, shall be granted to you. The decision of the arbitrator shall be final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Saskatoon, Saskatchewan, Canada, and the prevailing party shall be entitled to all reasonable attorney fees and all costs necessary to enforce the decision of the arbitrator. 

c.  Class Action.  NEITHER YOU, NOR WE, WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS.  YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.  YOU FURTHER AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE THE PARTY TO THE PROCEEDING.

d.  30-Day Opt-OutIf you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30 days) of the date that you first accept these Terms, unless a longer period is required by applicable law.  You must then resolve any disputes against us in accordance with the governing law and jurisdiction set out above.  If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions.  Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

e.  Non-Disparagement.  In the event of a dispute between you and us, you agree to not engage in any conduct or communications, in any format and/or forum, whether directly or indirectly, designed to disparage us and/or the Products, subject always to the permission of sharing such thoughts and opinions as part of any legal process.  In turn, we agree to afford the same respect to you.

8.  MISCELLANEOUS

a.  Survival.  All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity provisions and limitations of liability.  

b.  Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law. 

c.  Force Majeure.  We shall not be liable for any failure to perform our obligations hereunder if such failure results from any cause beyond our reasonable control.

d.  Waiver.  Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that provision.  A waiver of these Terms is only valid and effective if it is in writing and signed by the relevant party. 

e.  Currency.  All monetary amounts referred to in connection with the Products are, unless otherwise stated, in USD.

f.  Entire Agreement.  These Terms and the incorporated Terms of Use and Privacy Policy constitute the entire agreement between you and us relating to the subject matter herein.  In the event of conflict between these Terms and the Terms of Use and Privacy Policy, these Terms shall govern. 

9.  CONTACT INFORMATION

For questions or concerns related to these Terms, please contact us by emailing us at the following email address: keith@merelkriegsman.com.

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