DISCLAIMER; LIMITATIONS OF LIABILITY
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED ‘AS IS’ WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOOR A PARTICULAR PURPOSE.
- WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
- IN NO EVENT SHALL LUBA RASCHEFF, LUBA RASCHEFF CONSUTANCY AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES/PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE MAXIUMUM LIABILITY FOR ANY TYPE OF DAMAGE SHALL BE LIMITED TO THE LESSER OF (I) a REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) CDN $100 (ONE HUNDRED CANADIAN DOLLARS).
- YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY LUBA RASCHEFF, LUBA RASCHEFF CONSULTANCY, AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES, IDEAS AND/OR SPIRITUAL GUIDANCE PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTEE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
LUBA RASCHEFF, LUBA RASCHEFF CONSULTANCY and LUBARASCHEFF.COM offer spiritual life coaching, consultancy and inspirational ideas and products. Services and Products (subject to payment, where applicable), are for your personal use only, in accordance with the Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your right to use the Services, in whole or in part, including your right to use any products, without providing any refund or cancelling you obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
Payment will be made by you as specified on this site, presently via Interac eTransfer. In future, when additional payment options become available, when you make a purchase, you authorize us to charge the credit, debit card or PayPal account you provide on a one-time or monthly basis, or payment plan, depending on which payment plan you elect.
If you are dissatisfied with the Services, you are eligible for a refund provided that you send an email to LUBA RASCHEFF, firstname.lastname@example.org, no later than one week after you start using the Services providing an explanation. Continuing to book sessions, attending sessions included in prepaid packages (e.g., the RABBIT, POMERENIAN and/or KOALA plan) listed on this site will be construed as you being satisfied with the Services. Notwithstanding, we will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to make payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of Services.
We may provide the opportunity for you to provide content or materials (‘Your Content’) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
You agree that you will not:
- Use the Services in a manner that (a) violates any applicable international, federal, state/provincial or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libellous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, ‘Intellectual Property Rights’); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances; (ii) violate any guidelines applicable to use of particular Products, once such Products becomes available, or interfere with, impair or disrupt the ability of others to use such Products; (iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; (iv) reverse engineer, decompile or dissemble any portion of the Services; (vi) ‘scrape’ information from the Services by automated means; (vi) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services; (vii) use, redistribute or resell any of the Products or other contents of the Services, other than such unremunerated sharing via social media as may be authorized by the Services or otherwise in writing by us; or (viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. You may not use the Services except as expressly permitted under these Terms.
You agree to indemnify, defend and hold harmless LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the ‘Indemnified Parties’) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnification Parties in connection with any claim arising out of Your Content, use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
REPRESENTATIONS AND WARRANTIES
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
These Terms shall be governed by the laws of Canada and the Province of Ontario without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE PROVINCE OF ONTARIO.
We may modify these Terms at any time by posting changes on the Sites without notifying you. The changes will only apply with respect to your use of the Services after such changes become effective, and any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
The Services or sites may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective administrators or webmasters.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children may have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
No joint venture, partnership, employment or agency relationship exists between you and LUBA RASCHEFF or LUBA RASCHEFF CONSULTANCY as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These terms represent the entire agreement between you and LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing , executed by the party against whom it is being enforced. In addition to money damages, LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY shall be entitled to seek equitable relief where appropriate if you breach any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to ‘including’ and variations thereof shall be deemed to mean, ‘including, but not limited to.’ All references herein to ‘we,’ ‘our’ or variations thereof shall be deemed to refer to LUBA RASCHEFF and LUBA RASCHEFF CONSULTANCY. All references to ‘you,’ ‘your’ or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organizational or legal entity that you represent, if you are entering the Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with LUBA RASCHEFF or LUBA RASCHEFF CONSULTANCY. Notices to us shall be sent to email@example.com.