Terms and Conditions

Kerry Vega’s Website Terms and Conditions

Last updated on May 31, 2018

 

Please read the following Terms and Conditions carefully before using this website.

 

Terms and Conditions

 

The website and/or its content is owned by Kerry Vega Group (in this document, also known as “company”, “we”, or “us”). The term “you” in this document refers to the viewer, or user, of www.kerryvega.com  (also known as “website”).

 

Please read these Terms and Conditions (“Terms and Conditions”) carefully. We reserve the right to change these Terms and Conditions at any time without notice. By using the website and/or its content, you are agreeing to these Terms and Conditions as they appear, regardless of whether you have read them or not. If you do not agree with these Terms and Conditions, please do not use this website and/or its content.

 

Website Use and Consent

 

The words, layout, graphics, design, photos, images, data, information, documents, materials, databases and all other content, information and/or intellectual property reachable on or through this website is our property and is protected by Canadian intellectual property laws.

 

If you have purchased a program, service, product, subscription, or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement and/or the terms of use, which will prevail in the event of a conflict. There are additional terms of use relating to online purchases and related transactions.

 

By accessing and/or using this website and/or its content, you represent and warrant that you are at least 18 (eighteen) years old, and that you further agree to and abide by these Terms and Conditions. Any registration by, use of, or access to the website and/or its content by anyone under the age of 18 is unauthorized and is in violation of these Terms and Conditions.

 

Intellectual Property Rights

 

This website and all related content is intellectual property solely owned by us, Kerry Vega Group, and/or our affiliates or licensors, unless noted otherwise. The website and all related content is protected by copyright, trade-mark, and any other intellectual property laws of the Province of British Columbia.

 

You will be considered our licensee if you view, purchase, or access our website or any of its content. For the avoidance of any doubt, you are granted a revocable, non-transferable license for personal and solely non-commercial use, limited to only you.

 

When you purchase or access our website or any of its content, you agree that you will not copy, duplicate or steal our website and/or its content. You understand that using our website and/or its content in any way that is contrary to these Terms and Conditions and the limited license we are granting you herein is considered theft. We reserve the right to prosecute any theft to the fullest extent of the law.

 

You may be permitted, from time to time, to download and/or print one copy of specially offered, individual pages of content or material, for your own personal, non-commercial use through a mailing list sign-up form or other option. This content or material must be acknowledged as belonging to us, and full attribution and credit by name must be given. Any content or material offered and downloaded in this manner must be kept intact of all copyrights, trade-marks and any other proprietary details. If this content or material is used electronically, we require you to include the link back to the website page from which this content or material was obtained.

 

You are prohibited from using, copying, adapting, implying or representing our website, its content or materials as yours or as being created by you in any way, at any time. By downloading, printing, or otherwise using our website content for personal use, you in no way may assume any ownership rights of this content or material, as it remains our property.

 

Before sharing any content or material with others or for your own business, you must receive our written permission. Further, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, marketing, creating derivative works, exploiting, or distributing any website content or derivative materials by any means, manner or medium (including by email, website, link or any other electronic method) will be considered theft.

 

Instead, we grant you a limited license to enjoy our website and any of its content for your own personal use. You do not have permission to utilize our publicly available free website content for your own business / commercial use, or to utilize it in any way that earns you money, unless we give you written permission to do so.

 

As a licensee, you acknowledge and understand that this website and its content have been developed by us through the significant investment of time, effort, and expense, and further that this website and its content and/or any downloadable materials are our own valuable, special, and unique assets, requiring protection from improper and/or unauthorized use. You may not use this website, its content and/or downloadable materials in a manner that constitutes an infringement of our rights or in any way that has not been authorized by us.

 

The trade-marks and logos displayed on our website and/or its content in other business materials are trade-marks belonging to us, unless otherwise indicated. Any use, including framing, meta tags, or any other text using these trade-marks, or any other trade-marks exhibited, is strictly prohibited without our advance written authorization.

 

All rights that have not been expressly granted in these Terms or any other express written license, are reserved by us.

 

By posting or submitting any material on or through our website, including comments, posts, images, photos, videos or any other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

 

In the event you voluntarily submit or post any comment, image, photo, video, or any other submission for use on or through our website, you are granting us, including anyone authorized by us, consent to use it as a part of our current or future website and/or its content and/or other business materials. This right includes granting us proprietary or intellectual property rights under the laws of British Columbia without any further permission required from you or compensation by us to you. You may, however, at any time, request us to delete this material.

 

You acknowledge that we have the right but not the obligation to use any materials submitted by you, and that we may elect to stop using any such materials on our website and/or in our content at any time and for any reason.

 

Request for Permission to Use Content

 

Any request for written permission to use our content, any other intellectual property, or other property belonging to us, must be submitted prior to using it. To request this permission, please send an email to info@kerryvega.com.

 

You may not use any of our content in any way that conflicts with these Terms and Conditions unless we have given you specific written permission in advance. If you are granted permission by us, you agree to use the specific content that we have given permission for and it may only be utilized in the way or ways for which we have given you our advance written permission. Should you use any content in ways that we have not specifically given you written permission for, you agree now and understand that you will be treated as if you had stolen such content from us, and you agree to immediately stopping using such content. You will be required to take any actions requested by us, utilizing the methods requested by us and within the timeframe that we prescribe to protect our intellectual property and rights of ownership rights of our website and all related content.

 

The copyrights and intellectual property rights of others are respected by us. If you sincerely believe that the content on this website infringes upon any copyright owned by you and was posted on our website without your authorization, you may provide us with written notice of request for removal of the disputed content from the website. Your request should be submitted you or an authorized agent acting on your behalf to info@kerryvega.com.

 

Personal Responsibility and Assumption of Risk

 

As a licensee, you agree that you are acting upon your own judgment when using our website and any related content. Further, you agree that you are doing so at your own risk. You agree and understand that all risks will be assumed by you, and no results are guaranteed for this website and/or any of its content. This website and/or its content are simply intended to provide educational material and/or tools for you to use for your own decision-making process. You agree and understand that your own actions, decisions and any results of your actions and/or decisions are your sole responsibility, regardless of how you may use or misuse this website and/or any of its content, including any non-use of the website and/or any of its content.

 

Disclaimer:  Medical

 

Our website and/or its content are intended for informational, educational purposes only. To the fullest extent permitted by the laws of British Columbia, we expressly exclude any and all liability for any direct, indirect, or other consequential damage or loss incurred by you or others in connection with our website and/or its content, including without limitation any liability in connection with any damage, loss, harm, injuries, delays, accidents, death, loss of profits, any personal or business interruptions, any misapplication of information, any physical or mental disease, condition and/or issue, any physical, mental, emotional, and/or spiritual injury or harm, any loss of income or revenue including any potential future income and/or earnings, any loss of business, loss of profits including any potential future profits, any contracts, anticipated savings, loss of data, loss of goodwill, wasted time or for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Specifically, you acknowledge and agree that we are not legally responsible for any insulting, offensive and/or illegal conduct of any website participant or user, including you.

 

Medical advice and/or mental health advice are not available through this website and/or its content and should not be perceived as such or relied upon in any way for this kind of information. The information provided through our website and/or its content is not intended to be a substitute for professional medical advice, diagnosis or treatment of any physical or mental condition. You should seek professionals such as your own physician, a nurse practitioner, a licensed therapist, a licensed counselor or other mental health practitioner, a licensed dietitian or nutritionist, a member of the clergy, or any other licensed or registered health care professional specializing in physical or mental health issues. Do not disregard the medical advice of any professionals or delay seeking professional assistance or advice due to any information you have read on this website, its content, or in any other materials you may have received from us. Do not stop taking any medications or other treatments without speaking to an appropriate health care provider. If you have or are concerned that you may have a medical or mental health issue, contact your own professional health care provider right away. We are not, directly or indirectly, providing a health care service, or any medical or nutritional therapy services. We are not attempting to prevent, diagnose, treat, or cure any physical ailment, or any mental or emotional issue, condition, or disease whatsoever. We are not providing any medical, psychological, or religious advice or tools through any method whatsoever.

 

Disclaimer:  Legal and Financial

 

This website and/or its content are not to be perceived or relied upon in any way as financial, business, or legal advice. The information provided through our website and/or its content should not be considered as a substitute for professional advice that can be provided by your own financial advisor, accountant, and/or lawyer. We are not providing financial or legal advice in any way. You should consult with your own financial advisor, accountant, and/or lawyer regarding all questions and/or concerns you have about your own income, taxes and/or your specific financial and/or legal issues or situation. You agree that we are not responsible for your income, the success or failure of any of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind due to any information or materials presented to you through our website and/or its content. You are wholly and solely responsible for your own results.

 

Disclaimer:  Income and Earnings

 

You agree that we have not and do not make any representations regarding income and earnings. This includes any potential future income, and/or current income, expenses, sales volume and/or potential profitability or loss of any kind that may be incurred due to your use, misuse, or non-use of this website and/or its content. We cannot and do not guarantee any particular result and/or outcome, positive or negative, financial or otherwise, through the use, misuse, or non-use of our website and/or its content.

 

You agree, accept and understand that results and/or outcomes differ from person to person. We also expressly disclaim any responsibility for the actions, choices, results, use, misuse or non-use of the information provided or obtained through using our website and/or its content. You agree and understand that your results are entirely your own and in no way are we liable or responsible for your results.

 

Disclaimer:  Technology

 

It is our intention to ensure the availability and accessibility of our website and/or its content, including any downloadable materials, is uninterrupted and free of errors. However, we cannot guarantee that your access will not be unavailable from time to time to allow for anticipated or unanticipated maintenance, updates, repairs, or other issues. Further, it is our intention to limit the frequency and duration of any website and/or content unavailability. To the fullest extent permitted by the laws of British Columbia, we will be not be held liable for any damages, refunds, or any other recourse, should our website and/or its content become unavailable or in the event access the website and/or its content becomes slow or incomplete for any reason, such as system back-ups or updates, the volume of internet traffic including excessive server requests, general network failures or interruptions, or for any other reason which may, from time to time, make our website and/or its content inaccessible to you.

 

Warranties

 

We make no warranties or guarantees regarding our website and/or its content. You agree that our website and/or its contents are provided “as is, where is” and that there are no warranties of any kind made expressly or implied. To the fullest extent permissible under the laws of British Columbia, we disclaim any and all warranties. Further, we do not warrant that the website or its content will be functional, uninterrupted, complete, correct or error-free, appropriate, that any defect will be corrected, or that the website and/or its contents, including downloadable materials, is free of viruses or other harmful programming or components. We also do not warrant or make any representations about the use or results of using our website and/or its contents, including any third-party websites providing any correctness, accuracy, reliability, timeliness or any other factor.

 

Errors and Omissions

 

We make no warranties or guarantees as to the performance, timeliness, completeness, accuracy, or suitability of the information on our website and/or its content. We have made every effort to present you with the most up-to-date, accurate information, but we cannot be held responsible for the accuracy of our content. We do not assume any liability for errors or omissions on the website, its content, or in any other information referenced by or linked to our website. You acknowledge that such content may contain inaccuracies or errors to the fullest extent permitted by laws of British Columbia.

 

We may, from time to time, provide links and/or pointers to other third-party websites which may take you away from our website and/or its content. These links and/or pointers are provided for your convenience. The inclusion of any link or pointer in our website and/or its content to any other website does not infer our sponsorship, endorsement, or approval of that website or its owner. We do not endorse and are not accountable for the advice, views, opinions, statements, facts, errors, or omissions provided by any external resources referenced in our website and/or its content, or their reliability and/or accuracy. As we have no control over the contents or functionality of those websites, we do not accept any responsibility for any damage, loss, or other issues that may arise from your use of them. It is your obligation to assess the Terms and Conditions and Privacy Policies of any linked third-party websites to confirm that you understand and agree with those policies.

 

Linking and Framing Limitations

 

You may not frame or create an inline hyperlink to our website and/or content without our prior written permission. Upon approval by us, you may create a hyperlink to our website and/or its content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our website and/or its content. The link may also not state or imply that we are have sponsored, endorsed or have ownership rights in the website, webpage or other material it appears on.

 

By purchasing, subscribing, and/or using our website and/or its content in any way or for any purpose, you also implicitly agree to each of our Disclaimers, as listed in these Terms and Conditions.

 

Indemnification, Limitation of Liability and Release of Claims

 

You agree at all times to indemnify, defend, and hold harmless our company, as well as any of our principals, affiliates, agents, contractors, employees, vendors, officers, directors, shareholders, investors, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, liabilities, damages, causes of action, costs and expenses, including all legal fees and expenses arising out of or associated to our website, its content or your breach of any responsibility, warranty, representation, or covenant set forth in these Terms and Conditions or in any other agreement with us.

 

Unless otherwise limited by the laws of British Columbia, we will not be held responsible or liable in any way for the information, products, or materials that you request or receive on or through our website and/or its content. We do not assume liability for any delays, injuries, accidents, harm, loss, damage, death, lost profits or lost revenue, any personal and/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, principals, affiliates, agents, contractors, employees, vendors, officers, directors, shareholders, investors, joint venture partners, successors, transferees, assignees, and licensees, or others who are affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our website and/or its content, or in any way or in any location. In the event that you use our website and its content, or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise required by the laws of British Columbia.

 

Release of Claims

 

In no event will we be liable to any party for any type of direct, indirect, equitable, consequential, special, or incidental damages for any use of or reliance upon our website and/or its content, or on those associated with us in any way. You hereby release us from any and all claims; including, without limitation, those related to lost profits, lost revenue, personal or business interruptions, personal injuries, accidents, misuse of any information, or from any other loss, including physical and/or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or complications.

 

Your Conduct

 

You are agreeing that you will not use our website and/or its content in any way that causes, or is likely to cause the website and/or its content, including downloadable materials, including access to any of these to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and/or content sent from your computer to this website and/or its content and to us.

 

You agree to only purchase goods or services for yourself or for another individual for whom you are legally permitted to do so, or from whom you have obtained their express consent to provide their name, address, method of payment, credit card number, and other billing information.

 

You agree to be financially responsible for all purchases made by you or by someone acting on your behalf through our website and/or its content. You agree to use the website and/or its content for legitimate, non-commercial purposes only, and not for speculative, false, fraudulent, or illegal purposes.

 

You must only use the website and/or its content for lawful purposes. You agree that you will not use the website and/or its content in any of the following ways:

 

  • For fraudulent purposes or in connection with a criminal offence, or to otherwise perform any unlawful activity;
  • To send, use or re-use any material that is illegal, harmful, defamatory, objectionable, obscene or menacing, threatening, offensive, abusive, indecent, an invasive of privacy, in breach of confidence, infringing upon any intellectual property rights, or that may otherwise may injure others;
  • To send, negatively impact, or infect our website and/or its content with software viruses or any other harmful or similar computer code or content designed to adversely affect the operation of any computer hardware or software, that constitutes commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
  • To cause annoyance, inconvenience, or needless anxiety;
  • To impersonate any third party or otherwise mislead and/or misrepresent as to the origin of your contributions;
  • To copy, duplicate, reproduce, or resell any part of our website and/or its content in any way that is not in compliance with these Terms and Conditions or any other agreement with us.

 

Online Commerce

 

Certain sections of the website and/or its content may enable you to make purchases from us or from other merchants. If you make a purchase from us on or through our website and/or its content, all details obtained during your purchase and/or transaction, as well as all the details that you provide as part of the transaction, such as your name, address, payment method, credit card details, and billing information, may be collected by both us, the merchant, as well as our payment processing company. Please review our Privacy Agreement to understand how we comply with securing your personal data.

 

Your participation, correspondence and/or business dealings with any affiliate, individual, or company found on or through our website and/or its content, all purchase terms, conditions, representations or warranties associated with payments, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such transactions and/or communications with a merchant.

 

Payment processing companies and merchants may have privacy policies and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of payment processing companies and merchants. In addition, when you make specific purchases through our website and/or its content, you may be subject to the additional Terms and Conditions of a payment processing company, merchant, or us, that specifically apply to your purchase. For more information regarding a merchant and its Terms and Conditions that may apply, please visit that merchant’s website and click on its legal information links or contact the merchant directly for more information.

 

You release us, our affiliates, our payment processing company, and any merchants from any damages that you incur, and you further agree not to assert any claims against us or them, arising from your purchase through or use of our website and/or its content.

 

Termination

 

We reserve the right in our sole discretion to refuse or terminate your access to our website and/or its content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website and/or its content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions with respect to the website and/or its content will still apply now and in the future, even after termination by you or us.

 

If you have any questions about these Terms and Conditions, please contact us at info@kerryvega.com.