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Payment overview
The following Terms and Conditions are entered into by and between You (“Client”, “Participant” or “You”) and Sarah Berti/The Helix Library (“Company”, “Provider”, “we”, or “us”).
Use of the Websites and participation in any Program listed here is subject to your acceptance of these Terms of Service ("Terms") and our Privacy Policy at www.thehelixlibrary.com
Sarah Berti owns and operates thehelixlibrary.com and elfhood.org (“Websites”) and the programs defined below (“Programs”) available on the Websites ; as used in these Terms, “we” and “us” and “Company” and “Provider” refers to the Website or Websites, and its subsidiaries, parents, affiliates, officers, directors, licensors, vendors, Websites hosts, and employees; “you” or “yours” refers to you as a user of the Websites and/or as a subscriber, attendee, member, or participant in the Programs.
Programs include but not limited to Lifeforce Alchemy Gold, Lifeforce Alchemy Silver, Lifeforce Alchemy Mini, Lifeforce Alchemy Coaching and any other program or offering we may add in the future. Where a provision in these Terms applies only to you as a user of the Websites or only to Participants in any Program, we will clearly state that distinction.
By using this website and course you are agreeing to these terms and conditions. We may change, modify or alter these Terms, the Privacy Policy (in whole or in part), and/or any aspect of Programs, at any time, without notice to you. Any changes to the Websites or these Terms will be effective when they are posted. These Terms are a binding legal document between you and us so please read them carefully and check back from time to time for updates and/or changes
Program
The Company agrees to provide you with access to the Online Course entitled, “Lifeforce Alchemy” (“Program”) or Lifeforce Alchemy Mini. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The course description is intended to indicate only the general nature of the course and does not guarantee content. We reserve the right to amend the course and alter details at our discretion.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer, found on their websites, thehelixlibrary.com, are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Fees and Payment
In consideration of Your access to the Program, you agree to pay the full fees of the program.
The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website.
All amounts are payable in US dollars though we reserve the right to change the currency in which courses are paid in at any time without notice to you. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to the Company.
Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either:
(a) with a one-off lump-sum payment, payable with your purchase offer; or
(b) in instalments, with payments being due at certain times over a set period of time with the first instalment being payable with your purchase offer. Subsequent instalments will be automatically deducted from the debit/credit card you used to pay for the first instalment.
By choosing to pay the Course Fee in instalments, you agree that:
(a) it is your responsibility to ensure that the instalment payments are made on the due dates;
(b) The Company and/or its service providers are authorised to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable;
(c) you will inform us by email at keys@thehelixlibrary.com if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;
(d) any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and:
(i) unless otherwise agreed in writing by the Company, will result in you losing the right to pay by instalments and all outstanding instalment amounts will become immediately due and payable; and
(ii) without prejudice to any other rights it may have, we may suspend or cancel your access to the Online Course until the remaining instalment amounts are paid in full; and you will not be entitled to a refund of any amount already paid.
The option of paying the Course Fee in instalments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by instalments is at the sole discretion of the Company. We may withdraw the option of paying the Course Fee in instalments at any time at our sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in instalments at the date of such withdrawal.
The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments.
The Client shall pay the Fees, together with any applicable HST or taxes and any interest payable to the Company. The Company shall invoice the Client for the Fees together with any applicable HST and any interest payable, and the Client shall pay all invoices, in cash or cleared funds, within thirty (30) days following the date of such invoice. The Client shall pay all invoices without deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless required by law.
If the Client fails to make any payment due to the Company under the Agreement and Contract then the Company may charge the Client interest on the overdue amount at the rate per annum of 4% on the date on which the payment becomes overdue. Such interest shall accrue daily from the date on which the invoice should have been paid until the date of actual payment of the overdue amount, whether before or after judgment.
All Fees and prices are exclusive of any excise, sales, transfer or other taxes and duties imposed by governmental authorities. The Client shall bear all excise, sales, transfer or other taxes and duties imposed by governmental authorities under the Agreement.
The Client must make all payments under the Agreement free from any deduction or withholding for or on account of any excise, sales, transfer or other taxes and duties imposed by governmental authorities. If the Client is required by law to make any such deduction or withholding, it shall:
a) pay to the Company any additional amount as may be necessary to ensure that the Company receives the full amount of the relevant payment as if that deduction or withholding had not been made; and
b) supply promptly to the Company evidence satisfactory to the Company that it has accounted to the relevant authority for the deduction or withholding.
Passwords
Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Credit Card Authorization
By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
Refund Policy
The Company does not provide a money-back guarantee for the Program. All sales are final.
The Program
As part of the Program, the Company shall provide the following to Client.
Access To Program Area
The Company shall maintain a Program Area that may include videos, modules, pdfs, books, mp3s, and other information. You shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with 30 days’ notice and the ability to download the resources contained in the Program Area.
Bonuses
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
Personal Responsibility
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
No Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some provinces or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
Dispute Resolution
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Technology Requirements
The Online Course is facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to internet or Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details.
We are not responsible for any errors or failures in relation to your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on our end or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
Miscellaneous
Your contract with the Company and any dispute arising from it (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of Ontario, Canada, without regard to conflicts of law.
Should a situation arise that is not covered by these Terms and Conditions, we reserve the right to take any reasonable and fair action that we think appropriate.
Effective Date
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.
Welcome to thehelixlibrary.com and elfhood.org ("Websites").
Sarah Berti owns and operates thehelixlibrary.com and elfhood.org (“Websites”) and the programs defined below (“Programs”) available on the Websites ; as used in these Terms, “we” and “us” refers to the Website or Websites, and its subsidiaries, parents, affiliates, officers, directors, licensors, vendors, Websites hosts, and employees; “you” or “yours” refers to you as a user of the Websites and/or as a subscriber, attendee, member, or participant in the Programs.
Programs include but not limited to Lifeforce Alchemy, Lifeforce Alchemy Coaching and any other program or offering we may add in the future. Where a provision in these Terms applies only to you as a user of the Websites or only to Participants in any Program, we will clearly state that distinction.
We may change, modify or alter these Terms, the Privacy Policy (in whole or in part), and/or any aspect of Programs, at any time, without notice to you. Any changes to the Websites or these Terms will be effective when they are posted. These Terms are a binding legal document between you and us so please read them carefully and check back from time to time for updates and/or changes
NO MEDICAL ADVICE.
All Content on the Websites and in the Programs (together, “Content”) is for informational purposes only and is made available to you with the express understanding that we are not dispensing medical, mental health, nutritional, or other professional advice. Content and other information on the Websites and in the Programs is not intended to be used for self-diagnosis or treatment or to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice or as a substitute for professional medical advice, diagnosis or treatment.
It is intended as a sharing of knowledge and information from the research and experience of our professionals. You are encouraged to seek individual medical advice. Any information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. If you are pregnant, nursing, menstruating, taking medication, or have a medical condition, or are concerned, it is your responsibility to consult your health care professional before participating in the Programs or acting upon any information mentioned or available to you.
As the Program does not provide medical, mental health, nutrition, or other professional advice, it may be determined during the course of your participation that you are in need of additional or different professional care. In the event your Coach makes such a determination, you will be released from participation in the Program and directed to seek other or additional care.
Interactive Platform.
We use a third-party platform on which to access the Content for the Programs. called Mighty Networks.com (“Platform”). Mighty Networks’ Terms of Use can be found on https://www.mightynetworks.com/terms-of-use and their privacy policy can be found on https://www.mightynetworks.com/privacy-policy. We also use systeme.io for some community aspects, so you are bound to their policies when using these aspects of the course. Upon enrollment in the Programs, you will be able to set up an account and password that will allow you to access the Programs on the Platform. Carefully read the Platform’s terms and conditions as they will pertain to your participation in some of the interactive features of the Program including but not limited to payment processing, if applicable.
Payment Processor.
The Platform uses various payment platforms to process credit card payments, including paypal, stripe and flutterwave. It is your responsibility to check their terms and conditions. Please read these policies so you can understand the manner in which your personal information will be handled by them. Once you leave our Websites to whichever payment processor you choose, our Terms and Privacy Policy no longer apply to your use of the Websites or collection of your personal or other information.
Purchases and Refund Policy.
When you register for and purchase a Program on the Websites, your credit card will be registered with the charged at checkout. A charge will appear on your credit card with the identifier, “Helix” or “Thehelixlibrary”. Note that all sales of Programs are final and non-refundable. All prices displayed on the Websites are quoted in U.S. Dollars unless otherwise indicated. Failure to use or participate in the Program within the timeframe of each Program does not constitute a basis for refusing to pay any of the associated charges. Purchase of products, not including the Programs, will be charged to the credit card used to purchase the Program unless otherwise specified at the time of purchase. If you have questions about purchasing the Program(s) or the Refund Policy, please contact us at keys@thehelixlibrary.com
Account Security
You are solely responsible for the maintenance and security, charges or liabilities by use of your account and password information. Please treat such information as confidential, and do not disclose it to any other person or entity. Please notify us of any unauthorized access to or use of your user name or password or any other breach of security.
You must provide us information that is correct, current and complete and any information you provide to register for the Programs or otherwise, including but not limited to through the use of any interactive features of the Programs, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may disable your account or discontinue your participation in the Programs if you have violated any provision of these Terms or have violated any other standard of behavior or policy.
General use of the Websites will not require that you sign in, create an account and password, or submit any information to us, however, as noted above access to Programs and other offerings, such as receiving newsletters, accessing certain information, participating in forums, or using or subscribing to other interactive features, may require that you set up an account and password.
If you voluntarily choose to provide your personal information to receive newsletters or other communications from us, this information is covered under our Privacy Policy. Other than personally identifiable information, any information or other submissions, transmissions and/or postings that are communicated to us through the Websites will be considered non-confidential / non-proprietary and will become, to the fullest extent permitted by law, our exclusive property. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
User Contributions.
The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Participants or Users to post, submit, publish, display, or transmit to other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Websites or through your participation in the Programs, which are recorded for use in training and which are accessible to each Program participant ("Recorded Sessions").
All User Contributions must comply with the Content Standards set out in these Terms and will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, including but not limited to the Recorded Sessions.
You represent and warrant that:
Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Third-Party Providers.
Payment Processor, Platform, and any other third-party provider are referred to as Third-Party Provider(s). We have no control over the contents of Third-Party Providers’ Websites, or any other third party- site and accept no responsibility for them or for any loss or damage that may arise from your use of them. Third-Party Providers may collect personal information such as name, address and payment method, as well as IP address and other information about your device or browser. This data may be collected at the time of any payment, or when you set up an account or a payment method and is stored on their systems, not ours. By submitting a payment, signing up for an account, or enrolling in a Program, you hereby consent to the use of your personal and non-personal information by our Third-Party Providers in accordance with their terms and conditions and privacy policies. Our policy regarding sharing information with Third-Party Providers is set forth in our Privacy Policy.
Third-Party Links.
In addition to our Third-Party Providers, we may from time to time, provide links to other third-party Websites (“Third-Party Links”) or other internet resources for information only. We do not endorse, sponsor or otherwise support such Third-Party Links, nor do we make any representations or warranties regarding their content, materials or other information you may obtain from them. If you decide to access any other Websites linked to or from these Websites (thehelixlibrary.com or elfhood.org), you do so entirely at your own risk. We EXPRESSLY AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR ANY SUCH THIRD-PARTY LINKS.
If you use the Websites and are not a Canadian citizen it’s up to you to understand the laws of your locale and you understand that you use the Websites at your own risk, that it is your responsibility (and not ours) to make sure that your use of the Websites complies with all applicable local laws. IF YOU ARE NOT A CANADIAN RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE Websites, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO CANADA WHERE YOUR DATA WILL BE GOVERNED BY CANADIAN LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Ownership; Restrictions on Use.
All Content (whether on the Websites or within the Programs) and all copyrights, trademarks, service marks, trade names and any and all other intellectual property rights (“IP Rights”) are owned by us or our licensors and are protected by applicable US, Canadian, and international copyright and other intellectual property laws. You do not have, nor are entitled to claim, any rights in and to the Content, the Websites, the Programs or any portion thereof except as granted in these Terms. No information from the Websites or the Programs can be distributed or transmitted in any way without our prior written consent. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
Linking to or Sharing Content from our Websites.
Articles or other content may be only copied from the Websites in full, with copyright, contact, creation and information intact, without specific permission, when used only in a not-for-profit format. If you would like to use any content from the Websites you must obtain our written permission. Please contact us at keys@thehelixlibrary.com. Creating or maintaining any link from another Websites or Third-Party Link without our prior written permission is prohibited. Running or displaying the Websites or any information or material displayed on these Websites in frames or through similar means on another Websites without our prior written permission is prohibited. Any permitted links to the Websites must comply with all applicable laws, rules, and regulations.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Websites AND PARTICIPATION IN THE PROGRAMS IS AT YOUR SOLE RISK. THE Websites (AND ANY PORTION OF THE Websites) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
We do not make any warranties or representations about the accuracy or completeness of Content available on or through the Websites or the content of Third-Party Links or Personal Social Media and we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Websites (or any parts thereof); (iii) any interruption or cessation of transmission to or from the Websites; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Websites (or any parts thereof) by any third party; and/or (v) for any loss or damage of any kind incurred as a result of the use of any content made available on or through the Websites. We reserve the right, in our sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Websites.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE Websites OR ANY PARTS THEREOF OR YOUR PARTICIPATION IN THE PROGRAMS.
Indemnification.
You will indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from your use of or connection to the Websites, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Websites.
Further, you will indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) arising from your participation in the Programs.
Choice of Law.
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COUNTRY OF CANADA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE.
Injunctive Relief.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of us or the use, publication or dissemination of any advertising in connection to the Websites.
Waiver of Jury Trial.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Websites or your participation in the Programs.
Severability: Waiver.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Termination.
We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms and otherwise your access to the Websites or the Programs for any reason. We may also, in our sole discretion and at any time, discontinue the Websites or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO OR USE OF THE Websites OR PARTS THEREOF. You may discontinue your access to the Websites at any time.
Changes in Ownership.
In the event of a merger, acquisition, or sale or all or part of us, or any of our affiliates or subsidiaries your continued use of the Websites signifies your agreement to be bound by the terms of use and privacy statement of the Websites’s subsequent owner or operator.
This Privacy Policy (“Policy”) describes the treatment of information provided or collected on thehelixlibrary.com and elfhood.org (“Websites”). Terms capitalized in this policy have the meanings set forth in the Websites Terms (“Terms”).
We follow this privacy policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this policy.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Websites (“Users”) or participants in the Programs (“Participant”) as such Programs are defined in the Terms. We collect information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or other identifier (“personal information”); and we collect other information that individually does not identify you, such information about your internet connection, the equipment you use to access our Websites, usage details, IP addresses and URL (“non-personal information”). Please note that if you are a California Resident, other definitions of personal information may apply. For more information, see below "For California Residents".
We collect this information directly from you when you sign up for or participate in Programs or request information regarding such Programs, request information about offerings, services, sign up for newsletters or other emails and otherwise as you interact with the Websites. We also collect information automatically as you navigate the Websites or through a variety of technologies, such as cookies (see Cookie policy below).
Consent to Collect Information.
By voluntarily providing us with personal and other information, you consent to our collecting that information and using it for the reasons set forth in this Policy.
Consent Withdrawal
You may send us an email at keys@thehelixlibrary.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by removing it from your account, which will result in the inability to access the account or any associated information such as purchase history. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Disclosure of Information
We may disclose aggregated non personal information (that does not identify you) about our users without restriction. We may disclose personal information that we collect or you provide as described in this Policy to our parent and affiliated companies as set forth below:
We may also disclose personal information that we collect or you provide as described herein:
Third-Party Providers and Links.
In general, the third-party providers used by us will only collect, use and disclose your personal information to the extent necessary to enable them to perform the services they are contracted to provide to us. Remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Please read the privacy policies and terms of service or use for any third-party provider to whom you are directed. Once you leave our Websites or our online store, this Privacy Policy does not apply to your personal information or your use of the third-party provider. We may also provide links to third-party Websites. Any access to and use of such linked third-party Websites is not governed by this Policy but instead is governed by the privacy policies of those third-party Websites.
Interactive Platform and Payment Processor.
We use a third-party platform on which to access the Content for the Programs called MightyNetworks.com (“Platform”). MightyNetworks’ Terms of Use can be found on https://www.mightynetworks.com/terms-of-use and their privacy policy can be found on https://www.mightynetworks.com/privacy-policy
We also use a third-party platform for other aspects of our Courses and Programs to access the Content called systeme.io. Their Terms of Use and Privacy Policy can be found on their own Website.
We use various payment processors and these may collect information such as your name, address, email, shipping and billing details, IP address, information about your orders, information about our store and information about your device/browser in accordance with each payment processor’s policies. This data is stored on the payment processor’s system, NOT ours. The payment processors may also share such information with third parties, in accordance with their policies. Each of the payment processor policies can be found on their own Websites.
Please read these policies so you can understand the manner in which your personal information will be handled by them. Once you leave our Websites, our Terms and Privacy Policy no longer apply to your use of the Websites or collection of your personal or other information.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. No method of online transmission or storage is 100% secure so we cannot guarantee the absolute security of your personal information.
Cookies Policy
We use cookies so that we can better customize your experience on our Websites. Any pages on the Websites that require a log in require you to accept cookies. Cookies may also be required in order for you to add multiple items to your shopping cart before checking out. You may set your Web browser to notify you when you receive a cookie.
Cookies are small data files which are placed on your computer or other devices as you browse the Websites. Cookies are essential for the effective operation of the Websites and to help you shop online for our Products. They are also used to tailor the products and services offered and advertised to you.
Some cookies collect information about your browsing and purchase behavior and choices when you visit the Websites from your computer or device. This may include information about pages viewed, products purchased. We do not use cookies to collect personal information.
Cookies are used to enable you to make purchases, allow us to track fraud and to collect aggregated data about our Websites so we can optimize the user experience, such as information about browsing and shopping patterns. We also use cookies for technical purposes essential to the operation of the Websites.
You may disable cookies on your computer or device but note that doing so may reduce or limit the functionality of all or some of the Websites. If you only disable third party cookies for example, you will not be prevented from making purchases on the Websites. If you disable all cookies, however, you will be unable to complete a purchase. To disable cookies, go to your Websites browser settings to reject cookies and follow the directions for your particular browser.
Websites Analytics.
We also use third-party service providers, such as Google Analytics to evaluate the use of our Websites. These third-party service providers use automated devices and applications to evaluate use of our Websites and services. We or our service providers use these tools to help us improve our Websites, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or Flash LSO, to perform their services.
Do Not Track.
Our Site does not respond to Do Not Track signals and we (either directly or through third party service providers) may track your activities once you leave our Websites. You may disable certain tracking as discussed in this Policy (e.g., by disabling cookies).
Changes to this Policy.
It is our policy to post any changes we make to our privacy policy here with a notice of the date that this Policy has been updated. We reserve the right to modify this Policy at any time without notifying you, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Websites. By continuing to use the Websites after the date of such changes, you agree to the updated Policy.
Children.
The Websites are not designed for children under eighteen (18) years of age. If we discover that an individual under eighteen (18) has provided us with personal information, we will promptly delete such information from our systems.