TERMS AND CONDITIONS OF USE
Agreement between user and www.andyzaremba.com

Welcome to www.andyzaremba.com – a website portal to a community hosting coaching services, a podcast, workshops and events for the integrated growth of mind, body and spirit.

The www.andyzaremba.com website (the "Site") is comprised of various web pages operated by Andy Zaremba Consulting Inc. ("Andy Zaremba Consulting").

The Site is offered to you on the condition of your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

These Terms of Service, along with the Privacy Policy, apply to all users of Andy

Zaremba Consulting’s digital platforms, including, without limitation, this website (and all

of Andy Zaremba Consulting’s related pages that link to these Terms of Service),

embeddable content that we may make available for use on other people’s websites or

digital platforms, other than third party content (discussed below under the heading

“Third Party Content”). By using our digital platforms, you agree to be bound by these

Terms of Service. We may modify, add to, or delete portions of these Terms of Service

at any time by posting updated Terms of Service, and any modifications, additions, or

deletions to these terms will become effective immediately upon posting, although any

changes will only take effect prospectively, from the date of the change. Please review

these Terms of Service regularly. You agree that your continued use of the digital

platforms following the posting of updated Terms of Service indicates your consent to

those changes.

Our copyrights

The digital platforms and contents and elements of the digital platforms (including, e.g. both editorial content and the code used in programming the platforms) are protected by Canadian and international copyright laws. Except as explicitly provided in these Terms of Service, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without consent of the copyright holder, any copyrighted material found on or in Andy Zaremba Consulting’s digital properties. You may copy and print content for your personal, noncommercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. To request permission from Andy Zaremba Consulting for any other use, please email us at info@andyzaremba.com.

Our marks

Andy Zaremba Consulting, Andy Zaremba Consulting program names, podcast names, and logos are trademarks or service marks of Andy Zaremba Consulting or its partners. Andy Zaremba Consulting reserves all rights to these marks. You may not use any Andy Zaremba Consulting marks, logos, or graphics without Andy Zaremba Consulting’s prior written consent. All other trademarks and service marks appearing on the digital platforms are the property of their respective owners, and should be used only with prior written consent from the appropriate owner.

Privacy

Your use of www.andyzaremba.com is subject to Andy Zaremba Consulting's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic communications

Visiting www.andyzaremba.com or sending emails to Andy Zaremba Consulting constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Andy Zaremba Consulting does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.andyzaremba.com only with permission of a parent or guardian.

Links to third party sites and third party services

www.andyzaremba.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Andy Zaremba Consulting and Andy Zaremba Consulting is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Andy Zaremba Consulting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Andy Zaremba Consulting of the site or any association with its operators.

Certain services made available via www.andyzaremba.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.andyzaremba.com domain, you hereby acknowledge and consent that Andy Zaremba Consulting may share such information and data with any third party with whom Andy Zaremba Consulting has a contractual relationship to provide the requested product, service or functionality on behalf of www.andyzaremba.com users and customers.

Use of the service

By using the digital platforms, including by registering for the digital platforms, participating in comments or discussions, submitting content through the digital platforms, using RSS feeds or downloadable content, or by using any other features of the digital platforms, you agree to the following rules:

  1. The digital platforms may only be used for noncommercial purposes. You may not use the digital platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.

  2. The digital platforms are intended for users over the age of 13.

  3. Andy Zaremba Consulting may delete, edit, or move any user-generated material that we believe may be objectionable or in violation of these Terms of Service. Andy Zaremba Consulting may limit or terminate users’ access to the Andy Zaremba Consulting digital platforms for any reason, including violation of these Terms of Service.

No unlawful or prohibited use of intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.andyzaremba.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Andy Zaremba Consulting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Andy Zaremba Consulting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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 on the Site. Andy Zaremba Consulting content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written permission of Andy Zaremba Consulting 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 Andy Zaremba Consulting or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by Andy Zaremba Consulting from our offices within Canada. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use Andy Zaremba Consulting content accessed through www.andyzaremba.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Andy Zaremba Consulting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or 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. Andy Zaremba Consulting 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 Andy Zaremba Consulting in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to arbitration in the Province of British Columbia. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability disclaimer

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Andy Zaremba Consulting and/or its suppliers may make improvements and/or changes to the Site at any time.

Andy Zaremba Consulting 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 on the Site 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. Andy Zaremba Consulting 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 Andy Zaremba Consulting 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 Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Andy Zaremba Consulting or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

Limitation of Liability

In no event will Andy Zaremba Consulting, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the digital platforms.

Copyright agent

If you believe that your work has been reproduced on our digital platforms in a way that constitutes copyright infringement, please provide the following information in writing to Andy Zaremba Consulting:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

  2. A description of the copyrighted work that you claim has been infringed.

  3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

  4. Your contact information, such as address, telephone number, and e-mail address.

  1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  2. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Termination and restriction of access

Andy Zaremba Consulting reserves the right, in its sole discretion, to terminate or restrict your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the Province of British Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Andy Zaremba Consulting as a result of this agreement or use of the Site. Andy Zaremba Consulting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Andy Zaremba Consulting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Andy Zaremba Consulting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Andy Zaremba Consulting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Andy Zaremba Consulting with respect to the Site. 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. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Andy Zaremba Consulting reserves the right, in its sole discretion, to change the Terms under which www.andyzaremba.com is offered. The most current version of the Terms will supersede all previous versions. Andy Zaremba Consulting encourages you to periodically review the Terms to stay informed of our updates.

Contact us

Andy Zaremba Consulting welcomes your questions or comments regarding the Terms:

Andy Zaremba Consulting Inc. [address]

Email Address: andy@floathouse.ca

Telephone number: 604 828 9505
Effective as of March 22, 2018