Website Terms of Use Agreement

Welcome to www.joanemartin.com (the “Site”), the official website for Joan Martin (the “Company,” “we” or “us”). These terms of use (the “Terms”) along with the Privacy Policy (joanemartin.com/privacy-policy), governs your use of the Site and any coaching or related services available through the site (the “Services”).
Please carefully read these Terms before using the Site, as they contain important information about your rights and responsibilities. By accessing, viewing, or using the Site, you acknowledge that you have read, understand, and agree with the Terms. If you do not wish to be bound by the Terms, please do not use this site.

1. ACCEPTANCE OF TERMS

1.1. These Terms comprise an electronic contract that establishes the legally binding terms you must accept to use the Site. The Terms include the Privacy Policy.
1.2. By accessing or using the Site, you accept the Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. The Terms may be modified by us from time to time, such modifications to be effective upon posting by us on the Site. We shall notify you of changes to the Terms through notices on the Site or by email, or both. To withdraw your consent, you must cease using the Site.
1.3. If you breach any provision of these Terms, your right to access and use the Platform shall cease immediately.

2. USE OF SITE

2.1. We hope you enjoy using this Site, as it is meant to provide you with information about recovering from an eating disorder or disordered eating. In addition to providing you with information, the other purposes of the Site include: allowing you to join our mailing list, book our Services, read our blog posts and provide a means for you to contact us. By using the Site you warrant that you are 19 years of age or older and that you are legally able to enter into this agreement.
2.2. You are not permitted to use the Site, or to assist another in using the Site:
(a) to harass or interfere with any other Site user’s use and enjoyment of the Site or to post, display, or otherwise communicate any inappropriate content including, but not limited to, the following: any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
(b) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
(c) to post any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
(d) to upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(e) to send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(f) to use the Site to harvest, collect, gather or assemble information or data regarding other Site users, including e-mail addresses, without their consent;
(g) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(h) to attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
(i) to use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site;
(j) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Site; or
(k) to licence, sell, rent or lease any part of the Site.

3. INFORMATION IS NOT LEGAL OR FINANCIAL ADVICE

3.1. You expressly agree that the information on the Site is for informational purposes only. We are not doctors, lawyers or financial experts, and the information provided is not meant to be a substitute for professional medical, psychological, legal or financial advice, and it should not be relied upon as such. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical, psychological, legal or financial services, it is your responsibility to seek it out from a licensed professional.

4. PRIVACY

4.1. We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Site and/or Services, you agree to the way in which we process and deal with your personal information.

5. THIRD PARTY LINKS

5.1. We may provide links through the Site to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. The Company has not reviewed all of the sites linked through the Site and accepts no responsibility for the contents or use of third party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at your own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.

6. AFFILIATES

6.1. From time to time we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Please note that we are highly selective and we only promote the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through the Site.

7. INTELLECTUAL PROPERTY

7.1. The Company owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company. We grant you a non-exclusive, non-transferable, and revocable license to access and use the Site for your personal home use. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7.2. You are permitted from time to time to download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Site.
7.3. You must receive our written permission before using any of our intellectual property for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any content of the Site because that is considered stealing our work.
7.4. Subject to the limited licenses granted in these Terms, no licence is granted to you or any other party for the use of the Company’s intellectual property.
7.5. Any third party trademarks, service marks or other intellectual property displayed through the Site are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Site, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.

8. USER CONTENT

8.1. By posting or submitting any material on or through our Site such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 19 years old.
8.2. When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Site, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Site and its content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
8.3. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Site at any time for any reason.

9. DISCLAIMERS

9.1. Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site.
9.2. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on the Site. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Site, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
9.3. As such, you agree that:
(a) If you use the Site, you do so at your own and sole risk. The Site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
(b) If you access or transmit any content through the use of the Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
9.4. We do not warrant that:
(a) the Site will meet your requirements;
(b) access to the Site will be uninterrupted, timely, secure, or error-free;
(c) the quality or reliability of the Site will meet your expectations;
(d) any information you provide or we collect will not be disclosed to third parties;
(e) third parties will not use your confidential information in an unauthorized manner.

10. LIMITATION OF LIABILITY

10.1. As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of the Site that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through the Site is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
10.2. You shall accurately represent the information provided to us on or through the Site. You acknowledge that you are participating voluntarily in using the Site and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Site, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Site to your life, family or business.
10.3. In accordance with the above, you agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Site, even if we have been advised of the possibility of such damages.
10.4. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Site. You acknowledge and agree that such provisions are reasonable and fair.

11. TERMINATION

11.1. Without limiting our other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to the Site at any time, for any reason or for no reason, in the Company’s sole discretion.

12. TESTIMONIALS

12.1. Any testimonials provided on the Site are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results or guarantee a particular outcome in your specific situation. The results you experience will be dependent upon many factors including, but not limited to, your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or the Company may not be able to anticipate.

13. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

13.1. You agree to be bound by any affirmation, assent, or agreement you transmit through the Site including, but not limited to, any consent you give to receive communications from the Company solely through electronic transmission. You acknowledge that it is your ongoing responsibility to provide us with an accurate, current, and complete e-mail address when you use our Site. If any electronic communications sent to you are returned as undeliverable, we may attempt to contact you by telephone or otherwise, but we are not obligated to do so. All communications are deemed delivered and received upon sending to the most recent e-mail address we have on file for you. However, please note that your consent does not mean that the Company is obligated to provide all communications electronically. We may, at our option, deliver communications to you in others forms.
13.2. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, you have read and reviewed the relevant information and your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

14. ONLINE COMMERCE

14.1. Certain sections of the Site may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through the Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
14.2. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through the Site, all purchase terms, conditions, representations or warranties associated with payment, 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 dealings with a merchant.
14.3. Payment processing companies and merchants may have privacy and data collection practices 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 the Site, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase.
14.4. You release us, our affiliates, 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 through or use of the Site.

15. INDEMNIFICATION

15.1. You agree to indemnify, defend, and hold harmless the Company, its affiliates, agents, employees, and contractors from and against any and all claims and expenses, including reasonable legal fees, arising out of or related in any way to your use of the Site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.

16. DISPUTE RESOLUTION

16.1. In the event a dispute arises out of or in connection with these Terms, the parties shall attempt to resolve the dispute through friendly consultation.
16.2. If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

17. FEEDBACK

17.1. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.

18. GENERAL

18.1. This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia.
18.2. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
18.3. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
18.4. These Terms constitute the entire agreement between Company and you with respect to your use of the Site. These Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to your use of the Site.

19. CONTACT

19.1. Should you have questions regarding these Terms, please contact us though joan (at) joanemartin (dot) com.
Updated June 2018