These terms and conditions are dated May 1, 2023.
1. Introduction
These terms and conditions of use explain how you may use our Website. Our Website means https://app.followdrip.com & https://yourlimitslifted.com. You should read these terms and conditions carefully before using our Website.
By accessing or using our Website or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to herein. If you do not agree with or accept any of these terms, you should cease using our Website immediately. If you have any questions about our Website, please contact garth@garthepp.com or navigate to our online “Contact” form to place your message there.
2. Definitions
2.1. "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on, or accessible from our Website;
2.2. "We", "Us" or "Our" means 2483573 Alberta Ltd. (operating as Your Limits Lifted), whose head office is in Red Deer, Alberta, Canada, and the Follow Drip Team, which includes 2483573 Alberta Ltd., its owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all parties involved in creating, producing, and/or delivering our Website.
2.3. "You" or "Your" means the person accessing, using, or subscribing to our Website or its Content.
3. Privacy Policy
These terms and Conditions are to be read in conjunction with our Privacy Policy. Please review our Privacy Policy to understand and be informed about all the information we collect about you when you use our Website.
4. Subscription Agreement
These terms and conditions are to be read in conjunction with our Subscription Agreements. Please review our Subscription Agreements to understand and be informed of our subscriptions, pricing, cancellation policy, and other relevant conditions.
5. Age of Users
Our Website is intended for and directed to residents of Canada over the age of 18 years.
6. Accessibility
We seek to make our Website as accessible as possible. If you have any problems accessing our Website or the content contained on it, please contact us using the "Contact" link on our Website, or email us at garth@garthepp.com.
7. General
7.1. We reserve the right to vary these terms and conditions from time-to-time. Our new terms will be displayed on our Website and by continuing to use and access our Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time-to-time to verify such variations.
7.2. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, lock downs, war, government directives, epidemics, pandemics, or any other health emergencies either local or worldwide, or any act of God.
7.3 If any part of these terms are unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
7.4. These terms and conditions, together with the Privacy Policy and the Subscription Agreement or other terms expressly referred to in these terms and incorporated by reference, if any, contain the entire understanding and agreement between us and you in relation to your use of our Website and supersede and replace any representation, statement or other communication, whether written or otherwise, made by you or us, which is not contained herein. Nothwithstanding fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
7.5. You may not assign, sublicense, or otherwise transfer any of your rights and obligations in these terms to any other person.
7.6 These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Alberta.
8. Restrictions on Use
8.1. Our Website is exclusively for your ability to purchase product or a subscription from us, communicate with us, receive educational material, and obtain access to our coaching videos and teaching resources including coaching audio recordings. As a condition of your use of our Website, you agree:8.1.1. not to use our Website for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
8.1.2. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use our Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
8.1.3. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way our Website or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any additional terms;
8.1.4. not to use our Website to distribute viruses or malware or other similar harmful software code;
8.1.5. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
8.1.6. that you are solely responsible for all costs and expenses you may incur in relation to your use of our Website and shall be solely responsible for keeping your personal account and payment details confidential.
8.2. We reserve the right to prevent or suspend your access to our Website if you do not comply with any part of these terms and conditions or any applicable law.
9. Ownership, Use, and Intellectual Property Rights
9.1. Our Website and all intellectual property rights in our Website (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights, which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
9.2. Nothing in these terms and conditions grants you any rights in our Website other than as necessary to enable you to access our Website. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on our Website and in particular in any digital rights or other security technology embedded or contained within our Website Content.
10. Submitting Information to Our Website
10.1. We recognize that our Website is not absolutely a secure means of communication. There are hackers and people who know how to get around Internet security systems and firewalls. As such, any information you supply to us may not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions").
10.2. While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy , we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
10.3. Where our Website enables you to communicate with us and/or other users of our Website, you may not use our Website to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or our Website into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on our Website from time-to-time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on our Website nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide, so you shall be entitled to use your own material yourself subject to applicable law.
11. Accuracy of Information and Availability of our Website
11.1. While we use reasonable efforts to include accurate and up-to-date information on our Website, we do not represent, warrant, or promise, whether expressly or by implication, that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on our Website is at your own risk and we may suspend or terminate operation of our Website at any time at our sole discretion. Nothing in these terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on our Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.
11.2. While we make commercially reasonable efforts to ensure that our Website is available, we do not represent, warrant or guarantee in any way our Website’s continued availability at all times or uninterrupted use by you of our Website. Consequently, we shall not be held liable for any losses or damages – pecuniary or otherwise – experienced by you or your business as a result of any interruptions in our Website’s availability.
12. Hyperlinks and Third Party Websites
12.1. Our Website may contain hyperlinks or references to third party websites other than our Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material, or information contained in them.
12.2. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products, or services. Your use of a third party website may be governed by the terms and conditions of that third party website.
13. International Use
If you are located outside of Canada, you agree to access our Website in accordance with the laws and regulations of your country. We make no representation that our Website is appropriate or complies with the laws and regulations in other international jurisdictions.
14. Warranties and Limitation of Liability
14.1. You agree that your use of our Website is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of our Website, including without limitation as to completeness, accuracy, and currency or any content on our Website, or as to satisfactory quality or fitness for a particular purpose.
14.2. To the maximum extent permitted by applicable law, we exclude all liability, whether arising in contract, tort, breach of statutory duty, or otherwise, which we may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of our Website for any reason, and any representation or statement made on our Website.
14.3. We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using our Website. For example, if you lose revenue, salary, profits or reputation as a result of your use of our Website and/or the acts or omissions of any third party such as other users of our Website or any other indirect or consequential loss or damage you may incur in relation to our website and its content.
14.4. Any exclusions and limitations of liability in these terms shall be subject to our Privacy Policy and Coaching Accelerator Subscription Agreement and the CSM Platform Agreement required by law.