Terms of Service
BY VISITING THESTOCKBOUTIQUE.COM
YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our”, “Alisha McKendrick” and “The Stock Boutique” refers to The Stock Boutique. The term the “Site” refers to thestockboutique.com and all online sites connected with The Stock Boutique. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Thestockboutique.com provides a website where users can read articles on small business management, marketing, sales and services and a service where users may purchase online subscriptions and products related to small business management, marketing, sales and services (the “Service”).
Use of thestockboutique.com, including all materials presented herein and all online services provided by The Stock Boutique is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to marketing, small business management and other information are subject to change. The Stock Boutique makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Stock Boutique disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to The Stock Boutique will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. The Stock Boutique reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
The Stock Boutique reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. The Stock Boutique reserves the right to limit the number of participants and subscriptions. The Stock Boutique may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically on the first of each month and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, including limited-time 30 day premium content, unless otherwise stated in a guarantee. All live online workshops, courses & trainings being given during a specific time period are eligible for refunds for up to 7 days from the first day of class, and after that time period has passed, no refunds will be given. If you’d like to cancel a monthly subscription you have with us, you can do so any time, and you will not be charged effective the following month. We will keep all current payments for the month.
PROMOTIONS AND BONUS MATERIALS
If a promotion or bonus is provided during the creation of your subscription, the promotion or bonus is only valid during the duration of your subscription. By cancelling your subscription, you agree to also cancel any promotion or bonus provided upon joining The Stock Boutique. Subscriptions created during a bonus will not automatically cancel after the promotional period. You must cancel your subscription before the following billing cycle (billing cycle starts on the 28th of every month) in order to not get charged. All sales are final when purchasing during a promotion. Subscriptions purchased during promotions and bonuses are non-refundable.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group. Inappropriate postings and or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent.)
Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;
Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
User posts and or comments may not contain comments engaging in political activity.
Users may not use the Facebook Group for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, "spam", chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member's name must be provided in all posts and or comments.
FACEBOOK GROUP ACCESS
Facebook group access is only available to members with an active monthly or annual subscription. Once the subscription is inactive, you lose immediate access to the Facebook group.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify The Stock Boutique from any claim against The Stock Boutique resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
The Stock Boutique reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
EARNINGS DISCLAIMER: When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE STOCK BOUTIQUE’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by The Stock Boutique, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
The Stock Boutique does not claim ownership of Material you supply to The Stock Boutique. However, the act of posting Material to the site conveys an irrevocable, worldwide license to The Stock Boutique to use and distribute the posted Material in connection with The Stock Boutique’s website and any related The Stock Boutique publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to The Stock Boutique, you agree to hold The Stock Boutique harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of The Stock Boutique. The content of the Site and Service are protected by Canadian trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, The Stock Boutique is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if The Stock Boutique has been advised of the possibility of or could have foreseen the damages. In those areas that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The Stock Boutique’s cumulative liability to you exceed the total purchase price of the Service you have purchased from The Stock Boutique, and if no purchase has been made by you The Stock Boutique’s cumulative liability to you shall not exceed $1.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Stock Boutique. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by The Stock Boutique shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Stock Boutique.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Thestockboutique.com, 1119-100 Raglan Ave., Toronto, ON M6C 2L3
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Toronto, ON. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Our Minimum Guarantees
Unless otherwise noted, all products come with an unconditional 30 day guarantee. If you are dissatisfied for any reason, simply contact customer support and request a full refund of your purchase price. Longer conditional guarantees may apply, so check the sales material at the time of your order for details.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact firstname.lastname@example.org
The Stock Boutique
Effective Date: April 2018