Erickson provides the Site subject to the following terms and conditions (the “Terms”). Your access and use of the Site constitutes your acceptance of these Terms, and these Terms form a legal contract between you and us. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
In these Terms, “Erickson” refers collectively to BC NLP Neuro-Linguistic Programming Institute Inc., doing business as Erickson Coaching International, and its affiliates and subsidiaries, and “we” or “us” or “our” refer to Erickson alone and never refer to the combination of you and Erickson.
You must be the age of majority in your jurisdiction of residence to access and use the Site.
2. Terms May Change
We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from or through the Site.
Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these Terms.
4. Access and Use of Services
Our provision of the Site and all other services provided on or through the Site are collectively the “Services”. We may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
You may only access and use the Services through the interface provided on the Site and in accordance with these Terms. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
5. Your Account and Registration
You do not have an account to enjoy some of the Site’s features, and visitors without accounts may view some of the content on the Site as long as they comply with these Terms. However, you must have a registered account to use certain Site features. Site users provide their real names and information when registering to use the Site. You make the following commitments to us when registering an account to use the Site:
(a)All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current. You will not create an account for anyone other than yourself without our permission.
(b)You will not create more than one account.
(c)You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(d)If we disable your account, you will not create another one without our permission.
(e)You will not use your account for your own commercial gain.
(f)You will not share your password, let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible and liable for all activity conducted through your account, whether authorized by you or not. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(g)You will not transfer your account to anyone without first getting our written authorization.
6. Coach Directory
If you successfully complete Erickson’s The Art & Science of Coaching™ program you may, through your accounts, create a brief entry about yourself and your business to be included in Erickson’s public online coach directory. You will control what information is included in your entry and whether that entry is publicly available.
Many portions of the Site free to use. However, if you wish to use certain Services or wish to purchase any products available on the Site, you agree to pay Erickson the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Erickson may change the fees from time to time.
8. Payment Options
You may pay Erickson through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Erickson allows you to pay Erickson directly via credit card, then you authorize Erickson to charge all amounts to the credit card number you provide to Erickson. If your credit card payment is rejected or refused you will immediately pay Erickson the amount due and provide Erickson with an alternative credit card number for future payments. You represent and warrant to Erickson that each credit card you use for payment to Erickson either belongs to you, and you have the right to charge all such payments on the credit card(s).
You will pay Erickson simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
10. Security and Viruses
We have implemented reasonable technology and security features to safeguard your information from unauthorised access or improper use.
While we make reasonable efforts to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from or through the Site.
We respect your personal privacy. You may use the Site without providing any personal information about yourself other than any personal information that you may specifically and knowingly provide.
We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers and devices used to access the Site, the Internet Protocol addresses of devices accessing the Site, and similar non-identifiable information. This information is only used for internal purposes to manage, operate, maintain and improve the Site.
13. Proprietary Rights – Erickson Content
This Site, its organization and design (including all software code and architecture and the look and feel of the Site and its user interfaces), and all information, images, artwork, text, video, audio, pictures and other material and content on the Site (collectively “Our Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.
You may access and download information from the Site for your personal, non-commercial viewing and use, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from Our Content or any User Content (defined below) without our prior written approval.
You do not acquire ownership rights to any of Our Content by accessing or using the Site, and our posting of Our Content on the Site is not a waiver of any right in or to Our Content.
14. Proprietary Rights – User Content
Site users may provide various content on or through the Site ( “User Content”), including profile content, questions, feedback, reviews and comments. As between you and us, you will own all your User Content. You are solely responsible for the suitability, accuracy and completeness of all your User Content and ensuring that your User Content complies with applicable laws and these Terms and does not violate or misappropriate any third-party rights.
You acknowledge and agree that we have no obligation to monitor any User Content for suitability, accuracy, or completeness. However, if we become aware of any error in or other concern regarding any of your User Content we may direct you to remove or modify that User Content, and you will do so promptly on request.
You hereby grant Erickson a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, licence to use, copy, publicly display, modify, adapt, publish, transmit, telecommunicate, translate, make derivative works from and distribute your User Content through the Site without further notice or consideration to you. You hereby waive in our favour all moral rights that you may have in your User Content.
You represent and warrant to us that:
(a) you own your User Content or have written permission from the User Content’s owner to exploit the User Content and make the your User Content available through the Site;
(b) your User Content does not contain any information or content that you know is not correct, complete or current;
(c) if your User Content displays or refers to any recognizable individual, you have obtained all necessary consents and releases from that individual;
(d) you have the right to grant the licence to us regarding your User Content set out above; and
(e) the reproduction, display, distribution, use and other exploitation of your User Content by us and our service providers will not infringe or violate any third party’s rights, including intellectual property (including copyright), personality or privacy or publicity rights.
15. User Content – General
All opinions contained in User Content are those of the original author, and do not necessarily reflect Erickson’s views or opinions.
Erickson does not and cannot review User Content, and Erickson is not responsible for the content, accuracy, reliability or timeliness of any User Content. By providing the ability to view and distribute User Content on the Site, Erickson is merely acting as a passive conduit for that distribution and is not undertaking any obligation, responsibility or liability relating to any User Content. Erickson reserves the right (but has no obligation) to block or remove any User Content that Erickson deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trademark or other intellectual property right; or (d) otherwise unlawful or unacceptable. We will have no liability for any decision to remove, or not to remove, any content from the Site.
You acknowledge and agree that:
(a) we have no responsibility or liability for any User Content that you or any other person or entity posts on or sends over the Site;
(b) you are solely responsible and liable for any loss or damage that arises from or relates to any User Content that you upload, transmit, display or otherwise make available through the Site;
(c) you may be exposed to User Content that is incomplete, inaccurate, not current, offensive, indecent or otherwise objectionable, and that Erickson will not be liable for any damages that you allege have incurred as a result of such User Content; and
(d) you use and rely on Our Content, User Content or any content available on or through the Site, whether originating from us or from another person or entity, solely at your own risk.
16. Sharing your Content and Information
As between you and us, all of the content you upload to or share on the Site is your own property but is licensed to us under the licence set out in section 9.
When you delete your profile content, it is deleted in a manner similar to emptying your recycling/trash bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable amount of time (but will not be available to others), and may exist in internet archives indefinitely.
All content that you post on the Site is public or shared content (with the exception of your personal information and private messages or group posts) which means that the content will be searchable to members and non members of the Site and may show up during search engine searches outside of the Site. People outside of the Site will be able to access and use this information and to associate it with you. This includes all posts and comments you make on your profile page, your photos and your username or real name if you choose to make it public.
If you send any communications, comments, questions, suggestions, or related materials to us by any method of communication suggesting or recommending changes to the Site, any services offered through the site, or Our Content (“Feedback”) then:
- all Feedback is not, and will not be treated as, your confidential or proprietary information or property;
- Erickson is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback for any purpose whatsoever; and
- you understand and agree that Erickson is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel us to do so.
18. Monitoring and Disclosure
Erickson cannot monitor everything on the Site and does not normally monitor your use of the Services; however, we and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Site, please contact us.
19. Based in Canada
Erickson operates from British Columbia, Canada, and makes no representation that the Site or Services or Our Content or User Content (collectively “Content”) are appropriate or available for use in any particular jurisdiction. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We own our name, logo, and all of our other trademarks and trade names appearing on the Site. Unless otherwise indicated, all other trademarks appearing on the Site are owned by third parties and are used with permission or under licence.
21. Linking and Third-Party Suppliers
If you wish to provide a link to the Site from your own web site, you may only link to our home page at www.erickson.edu.Youmay not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
22. Modifications and Updates
We may add new features to the Site and Services, remove existing features from the Site and Services, or otherwise modify the Site, Services and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
If you use mobile applications to access the Site, those applications may automatically download and install our updates from time to time, and you agree to receive such updates (and permit us to deliver these updates) as part of your use of the Site.
23. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. Our performance will be deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to end the event or to find a solution by which our obligations may be performed despite the event.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, This SITE, THE SERVICES and the Content are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.
YOU ACCESS AND USE THE SITE. the SERVICES, OUR CONTENT AND USER CONTENT AT YOUR OWN RISK.
To the fullest extent permissible by applicable law, ERICKSON disclaims AND YOU WAIVE all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). ERICKSON does not represent or warrant that functions contained in the SITE OR SERVICES will be uninterrupted or error-free, that defects will be corrected, or that the SITE OR SERVICES or the server that makes THEM available is free of viruses or other harmful components.
The information and Content contained on OR AVAILABLE THROUGH the SITE AND SERVICES ARE prepared by ERICKSON OR other Site users and ARE believed to be accurate, but ARE provided for informational purposes only. Erickson does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
You acknowledge that your access to and use of the Site and SERVICES AND the Content will not be free of interruptions, that the Site, SERVICES and Content may contain bugs, errors, inaccuracies or other limitations, and that the Site, SERVICES AND CONTENT may be unavailable from time to time. You assume total responsibility and risk for your access to and use of (or your inability to access and use) the Site, SERVICES and Content.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
25. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Erickson and its officers, directors, employees and representatives will not be liable to you or any other party for:
(a) ANY indirect, special, consequential or incidental damages; or
(b) lost profits, business, revenue, opportunities or customers; business interruptions; loss of or damage to data; cost of replacement products or services; loss of or damage to reputation or goodwill, arising directly or indirectly from your use of (or your inability to use) the SITE OR SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE, including your use or reliance on any CONTENT OR ANY information or other Content contained on OR AVAILABLE THROUGH the SITE, any inaccuracy or omission in any information or SUCH Content, OR your use of or reliance on any third-party websites linked to or accessible from the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, You release Erickson and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Site OR SERVICES or the Content AVAILABLE ON OR THROUGH THE SITE.
If, despite the limitations set out above, Erickson becomes liable to you resulting from your access to and use of (or your inability to access and use) the Site or the Content or otherwise under these Terms, that liability will be limited to THE LESSER OF: (I) YOUR DIRECT DAMAGES; OR (II) CAD$25.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
Whenever you access, use or otherwise deal with the Site, in addition to these Terms you must comply with all:
(a) applicable laws, including privacy laws;
(b) acceptable-use policies and other policies that we implement with respect to the Site from time-to-time, as posted on or made available through the Site; and
(c) other rules, policies and procedures we communicate to you from time to time.
27. Prohibited Activities
You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including an Erickson employee or representative, or other members or visitors to the Site;
- upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
- upload any commercial content or solicit others to join or become members of any other online service or other organization;
- circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Site or any hardware or software used to provide the Site, or third party hardware, software or services;
- use the Site or any hardware or software used to provide the Site to perform cyber currency or crypto currency mining;
- collect users’ or our content or information or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You agree to indemnify and hold harmless Erickson and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.
29. Intellectual Property Claims
If you believe that your work is the subject of copyright infringement or trademark infringement and appears on the Site, please contact us at email@example.com and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on the Site are covered by a single notification, a representative list of such works, and the date and time of the commission of the claimed infringement.
- Identification of the material that is claimed 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 at these websites, and information reasonably sufficient to permit us to locate the material.
- A description of your interests or rights in or to the work claimed to have been infringed.
- Information reasonably sufficient to permit Erickson to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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 and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
30. Mobile Devices
This provision applies to your access to and use of the Site using our mobile application (“Mobile App”).
Your mobile device must compatible with the Mobile App in order to access and use the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device.
To the extent you download our Mobile App through the Apple App Store or iTunes or use our mobile application on an Apple-branded product (including an iPhone, iPad, or Apple Watch), the following terms and conditions apply:
- Acknowledgement: These Terms are between you and Erickson only, and not with Apple. Apple is not responsible for the Mobile App or its content.
- Scope of Licence: Your licence to the Mobile App is limited to a non-transferable license to use the Mobile App: (a) on an iOS Product that you own or control, and (b) as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
- Warranty: It the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.
- Product Claims: You must notify us if you have any claims or if you are aware of any third party claims relating to the Mobile App or your possession or use of the Mobile App, including:
(i) product liability claims;
(ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation. Apple has no responsibility to address any such claims. The limitations on our liability under this agreement are subject to what is permitted by applicable law.
- Intellectual Property Rights: If any third party claims that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a « terrorist supporting » country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
The following additional terms and conditions apply with respect to any Mobile App that Erickson provides to you that is designed for use on an Android-powered mobile device:
- You acknowledge that these Terms are between you and Erickson only, and not with Google, Inc.
- Your use of the Mobile App must comply with Google’s then-current Google Play Terms of Service.
- Google is only a provider of the online market where you obtained the Mobile App. Erickson, and not Google, is solely responsible for the Mobile App and the services and content available thereon. Google has no obligation or liability to you with respect to the Mobile App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Mobile App.
31. Other Agreements
If there is any conflict between these Terms and any other written agreement between you or your business and Erickson, the latter agreement will prevail.
32. Choice of Law Jurisdiction
Except where prohibited by law, these Terms, your access to and use of the Site and the Content, and any claims made against Erickson or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws (including federal Canadian laws applicable in British Columbia), without reference to Ontario’s conflict of law rules.
Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the British Columbia courts sitting in Vancouver, British Columbia.
The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Erickson will impair any of our rights or remedies that are not expressly waived in writing. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.
35. Contact Information
For any further information, please contact us at: