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Legal Terms and Conditions
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Terms and Conditions of Use of The Sunday Social Club
Last Updated on February 20, 2020
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NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our events, services or products. These Terms and Conditions apply to all The Sunday Social Club events, programs and initiatives and its entire website.
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All programs, products, services are owned and provided by The Sunday Social Club and its parent company, Alyssa Brownsmith Events (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), Event(s), or service(s) (the “Events”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access the Company’s Website and Courses. We reserve the right to update and change these Terms at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
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You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at info@thesundaysocialclub.com and we will make reasonable efforts to remove your name, email and access to our mailing list and/or website(s).
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Intellectual Property. All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Alyssa Brownsmith Events or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Course(s) is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
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Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at info@thesundaysocialclub.com. Permission is not granted until you receive such permission in writing.
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Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute event information and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Event(s) or related materials, and we reserve the right to disclose your participation in the same.
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Notification of Use. We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
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Security and Assumption of Risk
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Security. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Square or Paypal. By utilizing these payment processors to gain access to the Event(s) you indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
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Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
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Assumption of Risk. By accessing our Event(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
Disclaimers.
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General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Events(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication or information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract or otherwise, even if foreseeable. We are not medical, legal, financial professionals, or if we are, during the terms of this Event and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of the Event.
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Earnings Disclaimer. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of an Event(s). Any results you see on are not guaranteed or typical.
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Third-Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Event(s), including you.
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Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR EVENTS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT EVENTS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE EVENTS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR EVENT, PRODUCT, SERVICES, OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
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Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Events(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technical issues are far outside our control and will require you to access support from third-party providers, that provide services for our Event management.
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Errors and Omissions. This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. If you should see any errors or omissions and would like to let us know, please notify us at info@thesundaysocialclub.com
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Indemnification, Limitation of Liability and Release of Claims.
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Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Event(s).
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Limitation of Liability. The Sunday Social Club & Alyssa Brownsmith Events and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Events(s). We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Event(s) and related material(s).
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Dispute Resolution. These Terms of Use shall be governed by and construed in accordance with the laws of British Columbia, Canada, and any dispute shall be subject to binding arbitration in British Columbia, Canada. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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Class Action Waiver. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
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Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.
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Privacy Policy
Effective Date: October 2019
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The following Privacy Policy governs the online information collection practices of The Sunday Social Club and parent company, Alyssa Brownsmith Events (“we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the www.thesundaysocialclub.com website (the “Site”), and the ways in which we use this information. This Privacy Policy does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).
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Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
How We Collect and Use Information
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We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes the name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
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We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appears on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to us, as listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
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Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, weblogs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
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Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.
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The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
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We may also make some content, products, and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
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Be aware that we may occasionally release information about our visitors when release is appropriate to comply with the law or to protect the rights, property or safety of users of the Site or the public.
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Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
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Google Analytics
We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
· Remarketing with Google Analytics
· Google Display Network Impression Reporting
· DoubleClick Platform integrations
· Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.
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You can opt-out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt-out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
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We abide by Facebook’s Data Use Restrictions.
· Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
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· We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
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· We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifiers that identify any particular user, browser, computer or device.
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· We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
How do we store your information?
Your information is stored at the list server that delivers the Site content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver an e-mail to those who would like to receive the Site material.
All of the messaging or emails that are sent to you by the Site include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.
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Disclaimer
Although it is highly unlikely, this policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
If you have any questions or concerns regarding our privacy policy, please direct them to info@thesundaysocialclub.com
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General Data Privacy Regulation (GDPR)
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union citizens.
As a company that markets its site. Content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site or services or products are governed by GDPR, we will abide by the relevant portions of the regulation. If you are a resident of the European Economic Area (EEA) or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
To make any of these requests, please contact us at info@thesundaysocialclub.com