TERMS AND CONDITIONS 

juliegauthier.co


Revised: February 24, 2022

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. INTRODUCTION

These Website Standard Terms and Conditions (the “Terms” or “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and affect your use of this Website. By using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have objections to any of these Website Standard Terms and Conditions.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Julie Gauthier (the “Business”).

Your use of this Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. The Business may change these Terms and Conditions at any time without notice, effective upon its posting to this Website. Your continued use of this Website will be considered your acceptance to the revised Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age). You must not use this Website if you are a minor.

 

2. INTELLECTUAL PROPERTY

All intellectual property on this Website is owned by the Business or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by the Business. All content on this Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of Julie Gauthier (juliegauthier.co); All rights reserved.

3. USE OF COMPANY MATERIALS - RESTRICTIONS

The Business may provide you with certain information because of your use of this Website including, but not limited to, documentation, data, or information developed by the Business, and other materials which may assist in the use of this Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on this Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you. You are expressly and emphatically restricted from all the following:

  1. Sharing with intent to publish any Website material without written consent or credit

  2. Selling, sublicensing and/or otherwise commercializing any Website material

  3. Publicly performing and/or showing any Website material

  4. Using this Website in any way that is, or may be, damaging to this Website

  5. Using this Website in any way that impacts user access to this Website

  6. Using this Website contrary to applicable laws and regulations, or in a way that causes or may cause, harm to the Website, or to any person or business entity

  7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website

  8. Using this Website to engage in any advertising or marketing

Certain areas of this Website are restricted from access by you and Business may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. 

4. PURCHASE AND PAYMENTS

If you wish to purchase any products or services made available through this Website, you may be asked to supply certain information relevant to your purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

The Business may employ the use of a third-party service for the purpose of facilitating payment and the completion of the purchases. By submitting your information, you grant the Business the right to provide the information to these third parties subject to the Business Privacy Policy.

When you make a purchase on this Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to the Business, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize the Business (and its designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize the Business to collect and store that funding instrument, along with other related transaction information.

The Business may cancel any transaction if the Business believes that the transaction violates these Terms, or if the Business believes in doing so may prevent financial loss.

To prevent financial loss to you or to the Business, the Business may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if the Business believes doing so may prevent financial loss or a violation of law.

5. SALE OF GOODS AND SERVICES

The Business may sell goods or services to you on this Website. The Business undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Business does not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

6. ACCEPTABLE USE

You agree not to use this Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use this Website in any way that could damage this Website, the services, or the general business of Julie Gauthier.

You further agree not to use and/or access this Website:

a) To harass, abuse, or threaten others or otherwise violate any person's legal rights

b) To violate any intellectual property rights of the ‘’Business’’ or any third party

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another

d) To perpetrate any fraud

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme

f) To publish or distribute any obscene or defamatory material

g) To publish or distribute any material that incites violence, hate or discrimination towards any group

h) To unlawfully gather information about others

7. NO WARRANTIES

Your use of this Website is at your sole and exclusive risk and any services provided by the Business are on an "as is" basis. The Business disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Business makes no warranties that this Website will meet your needs or that this Website will be uninterrupted, error-free, or secure. The Business also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or because of loss of your data from your use of this Website is your sole responsibility and the Business is not liable for any such damage or loss.

8. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on this Website

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network

 

9. DATA LOSS

The Business is not responsible for the security of your Content. Your use of this Website is at your own risk.

10. INDEMNIFICATION

You defend and indemnify Julie Gauthier (juliegauthier.co) and any of its affiliates and hold the Business harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of this Website, your breach of these Terms and Conditions, or your conduct or actions.  

11. SPAM POLICY

You are strictly prohibited from using this Website or any of the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

12. THIRD-PARTY LINKS & CONTENT

The Business may post links to third party websites or other services. The Business is not responsible or liable for any loss or damage caused because of your use of any third-party services linked to from this Website. These third-party sites have separate and independent privacy policies. When you leave this website, we encourage you to read the privacy policy of every website you visit. Therefore, the Business has no responsibility or liability for the content and activities of these linked sites. Nonetheless, the Business seeks to protect the integrity of this site and welcome any feedback pertaining to such.

This Website may integrate with social networking services. You understand that the Business does not control such services and is not liable for the manner in which they operate. You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. The Business is unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

13. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

 

14. LIMITATION OF LIABILITY

In no event shall the Business , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Business of Julie Gauthier, including its officers, directors and employees shall not be liable for any direct,  indirect, consequential or special liability arising out of or in any way related to your use of this Website. The Business is not liable for any damages that may occur to you because of your use of this Website, to the fullest extent permitted by law. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. By using this website, you agree to hold the Business harmless for any security breach and for any unauthorized use of your personal information by third parties. You also agree that the Business cannot be held responsible for any disclosure of your information through this Website without knowledge and consent.

15. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

16. VARIATION OF TERMS

Julie Gauthier is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

17. SERVICE INTERRUPTIONS

The Business may need to interrupt your access to this Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to this Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Business will have no liability for any damage or loss caused as a result of such downtime.

18. TERMINATION OF WEBSITE USE

The Business may, to its sole discretion, suspend or restrict your use of this Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of this Website or any third party's equipment or where the network is impaired by your use of this Website, any amount is past due from you to the Business, the Business have received a third party complaint which relates to your use or misuse of this Website, or you have been or are in breach of any term or condition of these Terms and Conditions. The Business will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to this Website.

19. ASSIGNMENT

The Business shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

20. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Julie Gauthier and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

21. GOVERNING LAW & JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the Province of Quebec, Canada, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Quebec for the resolution of any disputes.