terms and conditions
COPYRIGHT, TERMS & PRIVACY
This copyright policy applies to any and all uses of Fierce Lizzie Materials or Fierce Lizzie Services.
Fierce Lizzie Materials or Fierce Lizzie Services are Intellectual Property (IP) of ELIZABETH BOLLIGER (hereinafter referred to as “EB”) and are protected by copyright. Strict limitations apply to the use and reuse of this IP.
Definitions:
“EB Materials” means all EB material, including without limitation: information and material as well as all products, software, website, frameworks, methods, Trade Secrets, knowledge, ideas, approaches, associated descriptions, categorization, classification, objects, meta objects, artifacts, maps, matrix and models, in whatever form or media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium). EB Materials also includes all text, images, documentation, screenshots, web sites, photographs, video footage, etc. of EB, in whatever media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium).
“EB Services” means all creation, customization, modification, implementation, application, supervision, communication, sharing or any other work, activity or service related to EB and EB Materials.
“You” means any reader of this copyright policy, any purchaser and/or user of EB Materials and/or EB Services, including without limitation: any employee, member, director, officer, shareholder, board member, partner, agent, representative or affiliate of aforementioned reader, purchaser or user of EB Materials and/or EB Services. Anyone included in this definition shall be bound by the terms of this copyright policy and deemed to accept them.
Copyright Protection:
All text, images, and content presented on this website are the property of EB, unless otherwise noted. EB Materials and EB Services are protected by law, including, but not limited to, internationally recognized Canadian, United States and/or European Union law, as well as any other laws or statutes which may apply. Except as specifically indicated otherwise in writing, EB is the sole owner of the copyright in the EB Materials and EB Services, and EB reserves all rights in that regard.
Use of EB Materials and EB Services as authorized by contract:
Your usage of and access to EB Materials and/or EB Services must be authorized in writing by EB. This authorization is done on a non-exclusive, one-time-only basis, subject to certain terms and conditions, and subject to the applicable pricing, all of which as determined by a contract.
Third parties wishing to use EB Materials and/or EB Services must obtain EB’s permission to do so prior to exercising such use.
Covenants for Use:
Unauthorized use or misuse of any EB Materials or EB Services is expressly prohibited.
The following covenants apply to all pre-authorized uses of EB Materials and EB Services, and shall be strictly adhered to. Non-adherence to any of the following covenants shall be considered a breach of this copyright policy, subject to any remedies available to EB.
EB Materials and all copies thereof shall remain the exclusive property of EB.
You shall not reproduce, modify, copy, aggregate, distribute, transmit, display, publish, license or transfer any EB Materials and/or EB Services.
You shall not directly or indirectly attempt to reconstruct any EB Materials and/or EB Services, whether fully or partially, in any way, shape or form through the use of company records, memory or other.
You shall in no circumstances create derivative works of EB Materials and/or EB Services, or sell any information You gain access to through EB.
You may only use the EB Materials and/or EB Services without modification (except as may be necessary to resize or otherwise convert the EB Materials and/or EB Services to a permitted format).
You may not use the EB Materials and/or EB Services in any offensive manner or context, for example in a way that is defamatory, disparaging or libelous to, or otherwise presents false or misleading information regarding EB or any other party, including their products or services; in conjunction with obscene or pornographic material; in a manner that suggests bias based on race, national origin, gender, sexual orientation, or religion; or in any manner that would be illegal under applicable law.
You may not imply any EB partnership, sponsorship, agency, affiliation, endorsement or any other relationship, unless expressly permitted by written contract with EB, such as a valid partnership, sponsorship, agency, affiliation or endorsement contract. Any implication in absence of such a contract constitutes an infringement against the EB brand and its IP rights.
You may not use the EB Materials and/or EB Services for a purpose competitive with EB or its products unless otherwise clearly permitted by applicable contract or law.
You may not use any EB logo, trade mark or design mark.
Following their release for usage, EB Materials and/or EB Services may only be used for the specific purpose, function or solution that they were tailored for, as set out in a written agreement or contract with EB. While the released EB Materials and/or EB Services can be used by the specific individual or group for which it was explicitly released, it can not be reused, reproduced, modified, copied, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any other way. Neither the EB Materials and/or EB Services can be used, re-used, modified or reproduced by any team, group, area, department, business unit or entity other than the specific group for which they were released. Automating any of the EB Materials and/or EB Services requires special approval and coordination from EB and may require payment of additional fees.
If You use or receive any EB Materials and/or EB Services, You agree with the Policies of EB and are bound to keep the intellectual property of EB confidential and secure. If You allow, whether actively or passively, the material to be released, reused, reproduced, modified, copied, reconstructed, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any way, You will be held accountable for any breach which may occur. Following such a breach, You will be invoiced for the EB Materials and/or EB Services, as well as any applicable fees or remedies which may be available to EB.
Governing Law and Jurisdiction:
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Ontario and/or Canada, or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of EB, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:
such party is not subject to the jurisdiction of such Court;
such action is brought in an inconvenient forum;
the venue of such action is improper; or
any subject matter of such action may not be enforced in or by such Court;
and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.
Severance of Terms:
If any provision contained in this policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the policy, be deemed to be omitted from the policy and the validity of the other provisions contained in this policy and the remainder of the provision in question shall not be affected thereby.
TERMS OF USE
The following are the terms of an agreement between You and Elizabeth Bolliger (hereafter “EB”). By accessing or using EB content or this website (the “Website”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website or any EB content.
For the purpose of these Terms, “You” shall include any reader of these terms, any and all natural or legal persons, who, directly, indirectly or by third parties interposed, are parent, subsidiary, affiliated, related or associated to You and Your directors, officers, shareholders or employees. Anyone included in this definition shall be bound by these terms and deemed to accept them.
EB may, without notice to you, at any time, revise these terms and any other information contained on this Website. EB may also make improvements or changes in the standards, software, services, or programs described in this Website at any time without notice.
Unauthorized use, disclosure, appropriation, reproduction or misuse of EB materials and/or services in any form whatsoever, whether in absence of a contract or outside the use permitted by a contract, may result in invoicing issued to you and/or to the relevant person(s) based on the applicable fees at the time of such unauthorized use or misuse, in addition to any other such fees, rights and remedies as may be available to EB. You fully acknowledge and agree that such Invoicing as per these terms and any such additional remedy shall be deemed by you to be appropriate and reasonable in the circumstances.
Our content and this Website contain proprietary notices and copyright information, the terms of which must be observed and followed.
EB hereby grants you a non-exclusive, non-transferable, limited permission to access and view the webpages within this Website as a customer or potential customer of EB provided you comply with these terms, and all copyright, trademark, and other proprietary notices remain intact. All other use of this Website and its content is prohibited.
EB assumes no responsibility regarding the accuracy of the information that is provided by EB and use of such information is at your own risk. EB provides no assurances that any reported problems may be resolved with the use of any information that EB provides.
This Website may contain links to other third-party websites, which are provided as additional resources for Your convenience. EB does not endorse, sponsor, or accept any responsibility for these third-party websites. You hereby agree to familiarize yourself with any and all terms, conditions, and policies, which may apply to the use of such third-party website, and to direct any concerns relating to these third-party websites to the relevant website administrator(s).
EB makes no representations whatsoever about any other website, which You may access through this one. When You access a third-party web site, You understand that it is independent from EB and that EB has no control over the content on that website. In addition, a link to a third-party website does not mean that EB endorses or accepts any responsibility for the content, or the use, of such website. It is up to You to take precautions to ensure that whatever You select for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You will not (i) violate the security of the Website nor attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of EB, imposes or may impose an unreasonable or disproportionately large burden on the Website or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without the prior written consent of EB; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
EB reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these Terms of Use, as modified. EB may at any time revise these terms by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Disclaimer of Liability:
While the information contained in EB content and this Website has been obtained from sources believed to be reliable, EB disclaims all warranties as to the accuracy, completeness or adequacy of such information. You assume sole responsibility for the use You make of EB content to achieve Your intended results. EB assumes no liability whatsoever for any occurrence, results obtained, or loss or damage incurred, as a result of application of any information presented herein or otherwise provided by EB.
Medical Disclaimer:
The information contained in EB content and the Website does not provide medical advice. It is for educational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. No childbirth course could realistically cover every possible event or complication in childbirth. The information in this course is designed to prepare you with the knowledge of normal physiological birth, common interventions in the hospital, labor management strategies and creating a support team.
Giveaways:
From time to time, EB hosts giveaways in conjunction with third-parties that EB believes would be of interest to its readers. All giveaways are subject to provincial and federal sweepstakes laws, in addition to such third-party’s applicable terms and conditions.
Commissions:
EB is a for-profit entity. EB may present affiliate links throughout its website(s). By clicking and/or purchasing items via certain links on any EB website, you acknowledge that EB may receive a commission.
Results:
You hereby acknowledge and agree that individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual user of EB products, services, information, and offerings, may have different backgrounds, disposable income levels, motivation, and other factors that are outside of EB control. As such, EB cannot predict or guarantee any level success merely from your access or purchase of EB products, services, or related material(s).
Refunds:
Due to the nature of the services and/or products provided by EB, refunds may only be offered on certain products or services of EB. Unless otherwise stated in writing, or as may be required by United States laws and regulations, most EB products and services may be eligible for a refund within SEVEN (7) days of purchase. Please contact EB for more information, or to initiate a refund request.
Chargebacks:
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all applicable bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of EB products or services. EB reserves the right to present proof of tour access and these terms and conditions to the financial institution investigating the dispute.
Recurring Payments:
If you have signed up for a payment plan, you hereby authorize EB’s continued access to your financial information stored by EB or its third-party financial processing entities until your payment plan is complete.
Conduct:
You hereby agree, undertake, and covenant not to make any false, negative, disparaging, critical, or otherwise defamatory comments or inferences, whether written or oral, nor cause or encourage others to make any such comments or inferences, regarding EB, or any of the clients, affiliates, officers, directors, partners, shareholders, employees, or agents of the EB, nor to engage in any conduct which might discredit or bring into disrepute the reputation of EB or cause EB to suffer a financial hardship, where hardship shall include but not be limited to any cause of action or litigation where the EB is a party. If at any time we feel you have violated these terms, or have otherwise engaged in conduct which may be detrimental to EB or casts EB in a negative light, then EB shall be entitled to immediately terminate your use of any EB website and any related communications, products, or materials, as EB may deem appropriate. It is within EB’s sole discretion to allow any user to access its website, and EB may revoke this access at any time without notice, and, if necessary, block any IP address from further visits to any EB site(s).
Governing Law and Jurisdiction:
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Ontario and/or Canada, or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of EB, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:
such party is not subject to the jurisdiction of such Court;
such action is brought in an inconvenient forum;
the venue of such action is improper; or
any subject matter of such action may not be enforced in or by such Court;
and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.
Severance of Terms:
If any provision contained in this policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the policy, be deemed to be omitted from the policy and the validity of the other provisions contained in this policy and the remainder of the provision in question shall not be affected thereby.
