Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed
“Client” or “you” means any purchaser, client and/or user of any of our Programs and Services.
“Company”, “we”, “us” or “me” means Teresa Isabel Dias doing business as Menopaused.org.
“Programs and Services” mean any paid program or service, or program including but not limited to a downloadable information product, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Programs, Products, and Services may be delivered in ways including but not limited to in-person, phone, Zoom, Skype, webinars, Facebook Live Videos, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings.
“Program Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Programs, Products and Services.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Programs and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Programs and Services
Intellectual Property Rights
Our Limited License to You.
Our Programs and Services are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Programs and Services in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
If you purchase or access any of our Program Materials through our Programs, Products and Services, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Programs, Products and Services, or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs and Services in the following manner:
You may download and/or print Program Materials for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any other of our Program Materials including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Programs and Services have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Programs, Products and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
- You will not copy, share or steal our Programs or Services, or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Programs or Services, or their content in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of our Programs or Services or Program Materials.
- You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Programs, Products and Services, or Program Materials for publication or compilation into your own Products, Programs, Services or Program Materials for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Programs, Services, or Program Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
By participating in our Programs, Products and Services, and using our Program Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Programs, Products and Services, or Program Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Programs and Services and Program Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs and Services and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs and Services and Program Materials.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs and Services and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
We provide advice about prescription medication and other non-drug regimens in our capacity as licensed pharmacist in the Province of Ontario, Canada. Our Program Materials may also contain general information about medical conditions, nutrition, health and diets. The information in our Program Materials is not advice and should not be treated as such. The medical information in our Program Materials is provided without any representations or warranties, express or implied.
Before starting any new course of treatment or regimen, you should speak to your doctor. You must not rely on the information on this website or our Program Materials as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek immediate medical attention.
We try to ensure that the availability and delivery of our Programs and Services is uninterrupted and error-free, including our content and communications through methods like our website, member forum, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoom calls, webinars, recorded webinars, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs and Services become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs and Services inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, epidemics and other public health emergencies, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs and Services and Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs and Services and Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs and Services and Program Materials. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability.
We will not be held responsible or liable in any way for the information, or materials that you request or receive through or on our Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal 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 affiliated with us.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program Materials, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Programs and Services in any way that causes or is likely to cause the Programs and Services or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
Purchases and Online Commerce
Authorization and Permission.
If paying by PayPal or credit card, you give us permission to automatically charge your credit card debit card as payment for your Programs and Services and Program Materials, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with an invoice, you are required to manually pay it by the date due on the invoice, or your Programs and Services will be put on hold and suspended until payment is made.
We reserve the right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to credit reporting agencies, either directly or through the help of a collection agency.
Sharing Information with Payment Processing Company.
All information obtained during your purchase or transaction for our Programs and Services and Program Materials, and all information that you give us as part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Programs and Services and Program Materials, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Programs and Services and Program Materials.
Rescheduling or Cancelling Appointments.
If you have booked a Discovery Call, a Consultation, the PAUSE-itive Journey Care Package, the Vaginal & Sexual Health Care Package or any other meeting or session with us in any medium including but not limited to by telephone, Zoom call, Skype (“Appointment”) and you need to reschedule or cancel, you must contact us at least 24 hours in advance so we may select an alternative and mutually agreeable time for your make-up session. However, for appointments that you attempt to reschedule or cancel less than 24 hours in advance of the scheduled time of the Appointment, you forfeit the Appointment and you will not have the opportunity to reschedule it or make it up.
Should you miss your scheduled Appointment without providing at least 24 hours advance notice, you forfeit it. Because we have made time available in the schedule, it affects how many other clients may be served, and for that reason, we do not offer makeup sessions for “no-shows” or missed appointments.
Your satisfaction with your Programs and Services is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Programs and Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and Services and Program Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs and Services and Program Materials, you understand and agree that all sales are final upon signing the contract, and that our fee is fully payable at that time, and no refunds will be provided.
CONFIDENTIALITY AND PRIVACY
You have the right to terminate your use of or participation in our Programs, Services or Program Materials at any time by contacting us IN WRITING, including by e-mail.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products and Services, Program Materials or Copy, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration or enrolment.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products and Services, and/or our Program Materials, including but not limited to our website, private forum, email communications, Facebook groups, Zoom calls, live webinars or conference calls, recordings of any such communications, or any other method of communications related to our Programs and Services at any time without notice and in our sole discretion.
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we not be able to resolve the dispute, you now agree to the following:
- the modification of the statute of limitations such that any claim against us must be begun within one (1) year of the date of the first email notifying us of a dispute;
- any claim against us must be commenced in the Province of Ontario, regardless of where your residence is, and the Superior Court of Ontario shall have sole jurisdiction over such claim; and
- not to engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Programs and Services or Program Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
Time shall be of the essence in all respects of the Agreement.