Terms & Conditions
Updated April 16, 2021
You are purchasing from Too Amaze Inc. DBA Colette Baron-Reid’s Oracle School (the “Company,” “we,” or “us”). You must be at least 13 years of age or older to purchase. Children under that age should review this Agreement with their parent or legal guardian.
All sales of physical products are final (decks, journals, t-shirts, etc.). Due to COVID-19 we are unable to accept returns or exchanges.
Audios (meditations) are digital downloads that will be sent to you immediately upon purchase, and are non-refundable. The download is a .zip file. We recommend downloading this file on your computer first and transferring to other devices, as some mobile devices and tablets will not download this file type.
Oracle Circle Membership is not refundable, but you can self cancel your subscription at any time.
Refund policies for digital courses and events vary. You are responsible for reviewing the policies of each course, event, or program at the time of purchase, and your purchase is an agreement to the policies.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You agree that Product(s) contain proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with Product(s) solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use Product(s) or the Content available in the Product(s) in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product(s).
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Colette Baron-Reid or her Product(s), or that solicit their customers or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Product(s) (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S PRODUCT(S) EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Product(s) are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
PRIVACY AND CONFIDENTIALITY
By purchasing, you agree:
- Not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company;
- That all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
- The reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
- That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
THE PRODUCT(S), THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY THE COMPANY HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCT(S) IS AT YOUR SOLE RISK. By purchasing, 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 ability to transform your life into something greater than its current status, 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, knowledge, ability, dedication, commitment, mental stability, 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 transformation and a better life.
ADDITIONAL TERMS AND CONDITIONS
- GOVERNING LAW. You and the Company have entered into this Agreement in the Province of Ontario, Canada and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
- LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF PRODUCT(S); AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
III. NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, its Product(s), or Colette Baron-Reid, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
- BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Product(s) are non-transferable.
- TERMINATION. The Company is committed to providing all customers with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Product(s) without refund; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
- CHANGES. The Company reserves the right at any time to modify the Product(s) and to impose new or additional terms or conditions on your use. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use will be deemed your acceptance thereof. If you have any questions, please contact [email protected]
VII. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Product(s). You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
VIII. BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Product(s) (each, a “Dispute”), the parties may elect and agree to finally and exclusively resolve the dispute by binding arbitration governed by the Arbitration Act, 1991, S.O. 1991, c. 17 (“AA”). Any agreement to arbitrate, at any time, shall be final and binding on the other party. IF THE PARTIES AGREE TO ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the AA. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its reputational and proprietary interests.
- EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its reputation, rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the Province of Ontario, Canada for purposes of any such action by the Company.
- ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
- COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
XII. NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
BY PURCHASING, I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS AS LISTED ABOVE.