THIS COURSE AGREEMENT (hereinafter, the "Agreement") is made by and between Sarah Lea and Alicia Power (collectively doing business as “She Found Health”) and you ( “the Participant” or “you”) and shall govern your participation in the Newborn Sleep 101 (the “Course”), including all course information, events, content and any other services provided by She Found Health in connection therewith.
- Terms and Conditions
In consideration of the premises and mutual covenants found herein, She Found Health agrees to provide you with access to the Course upon the terms and conditions set out in this Agreement.
By registering for the Course, you agree to be bound by and to abide by these terms and conditions. You may not register for the Course if you do not agree to be bound by this Agreement.
This Agreement shall take effect upon the date you register for the Course (the “Effective Date”) and continue for a term of 2 years, unless terminated earlier in accordance with this Agreement.
- Course Fee & Refunds
The current course fee payable for access and use to the Course is $47.00 Canadian Dollars, plus applicable taxes. The Course fee is due in full and payable at the time of registration. Payment of the Course fee shall give you access to the Course materials for a period of 2 years.
Course fees are non-refundable unless you cancel your registration in the Course within 14 days of payment and have not accessed more than 25% of the available Course content and materials.
- Course Content – INFORMATION, NOT MEDICAL ADVICE
She Found Health agrees to provide access to all of the Course features as described in the specific Course sales page starting on the Effective Date. These Course features may include lessons, forms, worksheets, checklists, ongoing live information sessions, and private discussion groups. She Found Health may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
All content and information provided to Participants, whether verbal or written, and including text, images, audio, videos, downloads, links and other publications are provided for informational purposes only. SUCH CONTENT AND INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL MATTER, AND NEVER DISREGARD PROCESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION PROVIDED BY SHE FOUND HEALTH OR A THIRD-PARTY CONTRIBUTOR OR LICENSOR.
She Found Health does not recommend or endorse any specific tests, products, procedures, opinions, health care providers or other information that may be provided. Reliance on any information provided by She Found Health or received in connection with the Course (including third-party information) is solely at your own risk. Your access to, or use of, the Course content and materials does not create a doctor-patient or other fiduciary relationship.
- Limited License & Intellectual Property Rights
By purchasing the Course, and subject to the terms of this Agreement, you are granted a single-use, non-exclusive, non-transferable and revocable license to access, view and use the Course and associated content.
The Course and all associated content may only be used for your personal use and not for any other purpose. All ownership rights in the intellectual property related to the Course remain with She Found Health and its licensors. The material in the Course is covered by copyright and other applicable laws, policies, regulations and agreements that address intellectual property rights. Except as granted in the limited license, any use of the Course, including modification, transmission, presentation, distribution, republication, or other exploitation of the Course or of its content, whether in whole or in part, is prohibited without the prior written consent of She Found Health. You may not use or reproduce any of the content in any manner, without the express written consent of She Found Health or its licensors, if applicable.
Any violation of the copyright or trademark rights of She Found Health or its licensors shall result in immediate termination of access to the Course without refund.
In order to register for the Course, you will need to create an account by providing certain personal information and creating a username and password. You are solely responsible for:
- the maintenance, confidentiality and security of your account and all passwords related to your account;
- any and all activities that occur under your account;
- immediately notifying us, to the extent that you are or become aware, of. any unauthorized use of your account, any password related to your account, or any other breach of security with respect to your account;
- providing true, current, accurate and complete information and updating such information as necessary.
Your participation in the Course (including but not limited to any information or content that you post or transmit through the She Found Health website or a third-party website utilized by She Found Health) must be lawful and must not violate or infringe the rights of third-parties or constitute illegal, vulgar, obscene, profane or otherwise objectionable behaviour.
If you post any content or are participating in any group discussions or forums, you must exercise common sense and courtesy and may not post any threatening, harassing, invasive, fraudulent, discriminatory or otherwise harmful content. You may not use any She Found Health events, groups or platforms for any commercial purposes (e.g. advertising, soliciting) or to spread any spam, viruses, malware or misleading, illegal or untrue information. You may not employ false identifiers or impersonate any person or entity and must use your own name in all posts or content provided by you. Your name must be provided in all posts and or comments.
She Found Health reserves the right in its sole discretion, to terminate any Participant’s access to the Course and the related services or any portion thereof at any time if a Participant becomes disruptive to the Course or other Course participants.
- Participant Content
We do not claim ownership of any content that you post, upload, provide, submit or otherwise transmit to us or any third-party in connection with your participation in the Course, however, you agree that by posting, uploading, providing, submitting or otherwise transmitting your content to us or a third-party that:
- you grant us a royalty-free, non-exclusive license to copy, use, distribute, display, edit, delete, publish and translate your content to the extent reasonably required by us to ensure adherence or to enforce the terms of this Agreement;
- you warrant to us that you have all rights, title and interest, as well as the power and authority necessary, to grant the license to your content set out above; and
- you will indemnify us and save us harmless from and against any liability, action, claim, demands, damages, or costs (including legal fees and disbursements) arising from your content, including but not limited to where your content is inappropriate, defamatory, infringing, or unlawful.
- Suspension or Termination
She Found Health reserves the right to immediately restrict, suspend or terminate your use and access to the Course, including use and access to any groups, events or websites, if you have violated any terms of this Agreement (including any terms incorporated by reference herein). The restrictions imposed on you with respect to the Course as set out in this Agreement, as well as the indemnity, limited liability and no warranty provisions shall survive any such termination of this Agreement and remain in full force and effect. Participants are not entitled to any refund of fees in the event of any suspension or termination.
- Third-Party Sites and Content
- No Warranty or Liability
THE COURSE AND ALL CONTENT, INFORMATION AND SERVICES PROVIDED TO MEMBERS OF SHE FOUND HEALTH IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT ANY CONTENT, INFORMATION OR SERVICES ARE FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE UNINTERRUPTED, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE.
SHE FOUND HEALTH AND ITS PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS AND LICENSORS HAVE NO LIABILITY WITH RESPECT TO THE COURSE OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED TO PARTICIPANTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, FINES, FEES, PENALTIES, AND PERSONAL INJURY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. You agree that your sole remedy for any claim, loss, damage, costs or expense shall be the Course fee paid by you upon registration.
You hereby agree to indemnify and hold harmless She Found Health and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Course or otherwise relating to this Agreement (including any breach by you thereof). You agree to also indemnify and hold harmless She Found Health and its partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Course or its content. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
- Governing Law
The interpretation, validity, effect and enforcement of this Agreement is governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. These laws apply to your participation in, and use of, the Course and the information and services provided to you by She Found Health, notwithstanding any conflicts of laws principles, your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of British Columbia with respect to any legal proceeding related to the Site and agree not to commence any such proceeding except in Victoria, British Columbia, Canada.
All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. Any failure by She Found Health to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court. This Agreement for the benefit of She Found Health, its partners, employees, consultants and third-party content providers and licensors, and each shall have the right to enforce such provisions directly or on their own behalf. She Found Health may transfer or assign its rights and obligations under this Agreement without notice or consent, including to an affiliate or partner. This Agreement and any terms incorporated by reference herein constitutes the entire understanding between the parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.