Terms & Conditions

PLEASE READ THIS TERMS AND CONDITIONS POLICY CAREFULLY BEFORE PURCHASING RESOURCES / PRODUCTS ON OUR WEBSITE.

The website katesmalley.com (hereinafter referred to as “Website”) is owned by Kate Smalley, a sole proprietorship (hereinafter referred to as “we”, “us”, or “our”) , a company under the laws of the Province of Ontario, Canada. This Terms and Conditions Policy governs your access and use of our Website, including any content, functionality, or services offered through our Website or related landing pages (collectively, “Website”). In these Terms and Conditions, “you” or “your” refers to any individual user of our Website.

NOTE: It is your responsibility to carefully read these Terms and Conditions (“Terms”) prior to using our Website or purchasing or accessing any of our workshops, services, products, free or paid offerings (“Offerings”).

When you accessed our Website and/or any of our Offerings, you acknowledge and agree that you were given reasonable notice that these Terms existed. By accessing and continuing to use our Website or Offerings, or by clicking to accept or agree to these Terms when the option is made available to you, you expressly agree to be bound and abide by these Terms, and our Privacy Policy, whether or not you have chosen to read them. If you do not agree with these Terms or our Privacy Policy, you must immediately discontinue use and access of our Website and Offerings.

While we aim to keep our Website as up-to-date as possible, we cannot guarantee that all content on our Website is entirely accurate, complete, or up-to-date. We reserve the right at any time to modify or discontinue, in whole or in part, any Offering or prices for any Offering on our Website, without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any Offering.

If you wish to have any of your personal information and/or access to our Website removed, you may email us at hello[at]katesmalley.com and we will make reasonable efforts to do so, as per our Privacy Policy. 

USE AND CONSENT

By purchasing or accessing any Offering, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Offering if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.

FEES &  REFUNDS

All fees are listed on our Website in CAD. We reserve the right to change our fees at any time and without notice.

Refund Policy
Unless otherwise stipulated in separate Program Terms & Conditions, we have a no refund policy because of the extensive time, effort, preparation and care that goes into creating and providing Offerings. By using and/or purchasing our Offerings, you understand and agree that all sales are final and no refunds will be provided.

SECURITY

If at any time you are required to create a username and password to access any Offering, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to hello[at]katesmalley.com.

Use of Third-Party Applications
In order to run our Website and provide our Offering we use a number of third-party applications. For example, we use HoneyBook as our CRM and we use a number of other third-party applications, such as for processing payment, delivering electronic newsletters, booking systems. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Website, please discontinue use of our Website and Offering immediately.

Your Communication with Us
By submitting a comment, photo, video or other materials to our Website we use to provide the Offering or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so.  You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Website or purchasing any Offering and we reserve our right to disclose your participation in the Offering.

Any communications made through our contact form, blog comments, membership community, social media pages, online community groups or other related pages, or directly to our phone(s), mailing or email addresses are not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our Website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content, such as blog comments or emails.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business, including testimonials without providing any payment or additional services and Client understands they are granting Kate Smalley an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided as part of a Testimonial. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Website and Offering as a result of any such behaviour that we deem inappropriate.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk
Use of this Website and Offering(s) is at your own risk. While we host our Website on Squarespace and take other commercially reasonable efforts to maintain and host the Website, we make no representations, warranties, or guarantees as to your individual safety when using our Website. You further assume all risk associated with your access to and use of any information or materials provided to you on the Website, Offerings, or any other pages, platforms, or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer
We make no warranties as to our Website, the Offering, or any related materials. You agree that our Website and Offerings are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees
While we may reference certain results, outcomes or situations on this Website or in any of our Offerings, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Website or as part of the Offering. You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. We cannot guarantee your success or financial gain merely upon access to our Website or your purchase or participation in any Offering.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Website and/or any  Offering, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.

Third-Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Website and Offerings. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Website will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or Offerings are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website, Offerings or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Release, Indemnity and Waiver
Our Website, Offering(s) and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Kate Smalley employees, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of our Website, Offering(s) or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Website or any Offering(s). You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring legal action on your behalf in the future.

Limitation of Liability
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Website or the Offering. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access to our Website and Offering.

Affiliates
We do not currently use affiliate links or have affiliate relationships to sell our products. If that changes in the future we will update our policy.

INTELLECTUAL PROPERTY

Client agrees and understands that Kate Smalley has created numerous original, creative works including all content, resources, charts, email content, graphics, workbooks, copy for websites and sales pages, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered) and other service marks (“Intellectual Property”), and agrees that Kate Smalley maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included on the Website or in any Offering, whether created prior to working with Client or specifically for Client.

Any and all Intellectual Property that you access as part of any Offering and/or through our Website or related domain are and will continue to be wholly owned by Kate Smalley. 

Limited License
When you purchase or opt-in to any Offering, you receive a limited, non-transferable, non-exclusive, royalty-free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Offering and to use selected materials provided in their own business, but understands that the original proprietary rights remain with Kate Smalley. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Kate Smalley to Client, nor grant any license to use the information, other than that which is expressly permitted by Kate Smalley.

Client agrees and understands they may not copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Kate Smalley or obtained through working with Kate Smalley, without Kate Smalley’s express written consent. If such behaviour is discovered or suspected, Kate Smalley reserves the right to immediately end Client’s access to the Offering without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend, and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and the enforcement of our rights.

GENERAL

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Website, access to Offering(s) and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Website and Offering at any time without notice, and if necessary, block your IP address from further visits to our Website.

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Website and any of our Offerings.

Governing Law and Jurisdiction
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Hamilton, Ontario.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Website and/or Offering affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms of Use and/or our Privacy Policy are expressly reserved by us.

Contact Us

If you have any questions about our Terms and Conditions, please contact hello[at]katesmalley.com.