WEBSITE TERMS OF USE

Last updated on May 17. 2023

This website, www.stepheniefarrell.com (“Site”) is owned and operated by Stephenie Farrell a business

operating under the laws of Ontario, Canada. In these Terms, “we”, “us” and “our” refer to Stephenie

Farrell and the terms “you” or “your” refer to any individual user of our Site.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or

purchasing or accessing any of our services, content, or resources collectively, “Services”. These Terms

govern and define your use of the Site and Services and are legally binding on you.

USE OF OUR SITE AND SERVICES

When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing

and continuing to use our Site or by clicking to accept or agree to these Terms when the option is

made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy

whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you

must not use or access our Site or Services.

By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be

bound by and comply with these Terms as well as our Privacy Policy and further agree you are the legal

age of majority in your jurisdiction to enter into a contract with us. If you do not meet these

requirements, you must stop using our Site.

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our

Site 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 Services offered or change the prices of Services without notice. We

are not liable to you or any third-party for any modification, price change, suspension or discontinuation

of any Services.

If you wish to have any of your personal information and/or access to our Site removed, you may email

us at hello@stepheniefarrell.com and we will make reasonable efforts to do so. More information

about how we collect, process and store your personal information can be found in our Privacy Policy.

Fees

Fees are as listed on our Site and in US dollars. We reserve the right to change our Fees at any time and

without notice.

Refunds

We do not provide refunds. Any refunds issued will be in our sole discretion and determined on a case-

by-case basis.

Chargebacks

You agree to make every attempt to request a refund prior to attempting a chargeback with your

financial institution or any third party payment processor we use to process payment on our Site. We

reserve the right to present proof of your access and these Terms any third party investigating the

dispute.

Payment Authorization

If any payment is recurring or made via a payment plan, you authorize our continued access to your

financial information stored in any third-party payment processor we may use until your payment has

been received in full and in accordance with any other payment terms accepted at the time of checkout.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Ownership of Intellectual Property Rights

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos,

taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual

Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise.

All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole

or in part, and of our Intellectual Property as this is a violation of federal law.

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any

way including re-posting or republishing any of our Intellectual Property to any third-party website or

social media platform for any purpose whatsoever.

Limited License

Any and all materials that you access as part of any Services through our Site or related domain are

under the sole ownership or licensed use of Stephenie Farrell including all Intellectual Property.

When you purchase or opt-in to any Services, 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 Services. You do not obtain any ownership interest or other rights to the

materials and all copyrights remain with us. As a condition of your use of any materials provided to you,

you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it

was originally intended when it was provided by us to you, including sharing with any third-party,

including members of your business or team. If it is determined that you have breached this limited

license, this will be considered an infringement of our Intellectual Property rights and we specifically

reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole

discretion.

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the

Services for your personal use only; (ii) download or print any of the materials provided to you as part of

the Services for your personal use or personal use in your business only; and (iii) use any of our

Intellectual Property with our prior written consent so long as all materials show “©Stephenie Farrell ”

as the source of the materials and marking any of our federally registered trademarks with “®” or our

common law trademarks with “TM”. If you wish to use, publish any of our content, resources or materials

provided to you as part of the Services you must first write to us stephenie@stepheniefarrell.com and

request our consent.

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 our enforcement of our rights.

MEDIA RELEASE

By using our Site, you grant us a commercial license to use any image(s), including any containing your

likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any

social media platforms, for our future business use.

SECURITY

General

You understand that unfortunately, the transmission of information via the Internet is not completely

secure. Although we make commercially reasonable efforts to protect your information, we cannot

guarantee the security of your personal information transmitted to our Site. Any transmission of

personal information is at your own risk. We are not responsible for circumvention of any privacy

settings or security measures contained on our Site.

Security

If at any time you are required to create a username and password to access any Services, 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@stepheniefarrell.com

Use of Third-Party Applications

In order to run our Site and provide our Services, we use a number of third-party applications, such as

for processing payment, delivering electronic newsletters, booking systems, resources. 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 Site,

please discontinue use of our Site and Services immediately.

Confidentiality

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such

as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

Your Communication with Us

By submitting a comment, photo, video or other materials to our Site 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 Site.

Any communications made through our contact form, blog comments, social media pages or other

related pages, or directly to our phone(s), mailing or email addresses is 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. For more information on when and how we store and use your communications or

any information provided by you in those communications, please refer to our Privacy Policy.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably

necessary in the course of our business. 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 libellous 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 Site and Services as a result of any such behaviour that we deem inappropriate.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking,

introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would

harm the functionality of, or jeopardize the security of our Site. We will immediately report any such

breach or what we deem in our discretion to be harmful activities to the relevant law enforcement

authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims,

liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these

Terms.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and

purchase of any services, or items found or attained through this Site is at your own risk.

Warranties Disclaimer

We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and

Services are provided “as is” and without warranty of any kind either express or implied. To the fullest

extent permissible pursuant 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 Site or Services, 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 Site or as part

of the Services.

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 Site or the

Services, 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, whether foreseeable or

unforeseeable.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not

indicative of guaranteed results. Each individual user approaches our Services with different

backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We

cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.

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 Site and Services. 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 Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that

defects will be corrected, or that any part of the Site or Services 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 Site, Services or related materials, or on third-party websites in terms of their correctness,

accuracy, timeliness, reliability, or otherwise.

Not Professional Advice

We are not medical, legal, financial, or other regulated professionals, or if we are, your use of our Site

does not mean we are providing our professional services to you. You expressly acknowledge and agree

that we are not acting in any professional capacity, including medical, legal, financial, or otherwise

during the course of any Service. No part of our Site, the Service or any related content or materials are

to be construed as medical, legal or financial advice. We expressly disclaim any and all responsibility for

any actions or omissions you choose to make as a result of using this Site and/or Services.

Third-Party Contributors

We may provide content to you written by third-party contributors on our Site. While we make our best

effort to ensure all of our writers are qualified in their industry and reflect our values, we make no

guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be

interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’

content or opinions. You must not rely on Site content or third-party contributors’ opinions and always

seek the appropriate professional advice.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL

COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE

PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS

(“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT

MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT,

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT

LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS

OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF

DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF

PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE

WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT,

MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED

OR HAD REASON TO KNOW.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND

EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID

BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Release, Indemnity and Waiver

To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold

harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards,

losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach

of these Terms or your use of our Site, including but not limited to any user submissions, third-party

sites, any use of our Site’s content or materials, services and products other than as expressly set out in

these Terms.

Affiliates

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and

all liability as a result of your purchase through one of the links, including but not limited to, the delivery,

quality and safety of the purchased product or service. We will use reasonable efforts to notify you when

and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept

express liability for any and all consequences or benefits of clicking the affiliate links contained on our

Site or related communications. You agree it is your obligation to read the terms and conditions for any

affiliate site, services or products.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of

our Site, the Services and any related communications as we deem appropriate and in our sole

discretion. At any time, we may block or revoke your access of our Site and Services at any time without

notice, and if necessary, block your IP address from further visits to our Site.

GENERAL

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement

relating to your use of the Site and Services.

Governing Law and Jurisdiction

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws

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 Site and/or Services affirms your acceptance of any

changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use

and/or our Privacy Policy are expressly reserved by us.

Contact

If you have any questions about these Terms and Conditions of Use, please send an email to:

hello@stepheniefarrell.com