Free the Goldfish Coaching Inc. – Website Terms & Conditions (the “Terms”)

Welcome to Free the Goldfish Coaching Inc. (“FTG”)! The following rules, terms and conditions govern the use of the freethegoldfish.com website (the “Website”) and all of the content and materials found thereon (the “Content”). By using the Website, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Website, without limitation or qualification. FTG reserves the right to change these Terms at any time, effective immediately upon posting on the Website. Headings in these Terms are used for convenience only and are not to be used as an interpretation guide for these Terms. If you do not agree to be bound by these Terms, please do not use the Website.

Content – Proprietary Rights

You acknowledge that the Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights throughout the world, and that these rights are fully owned by FTG, its licensors or third-parties and are valid and protected in all forms, media and technologies existing now or hereinafter developed. You agree further that, as part of such Content, FTG or its licensors own a copyright in the selection, coordination, arrangement, and enhancement of the Website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Notwithstanding the foregoing, you may make copies of select, non-substantial portions of the Content, provided that you properly attribute such Content to FTG and the Website and (a) the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, or (b) you are permitted by the doctrine of fair use or fair dealing to do so.

Third-Party Content

Where certain names, logos, designs, titles, links, words and phrases used in the Content may constitute trademarks, service marks, trade names or other intellectual property of third parties, you acknowledge that (a) no relationship between FTG and such third parties is implied by their use except as expressly set out on the Website, and (b) no license or privilege to same is conveyed or created by their use therein. By using any such third-party Content, you acknowledge that FTG has no responsibility therefore, and that they may be subject to third-party terms and conditions. Except as expressly stated on the Website, FTG does not endorse the accuracy or reliability of any third-party Content.

Trademarks

For greater certainty, and without limiting the generality of the foregoing, “Free the Goldfish” and “Free the Goldfish Coaching” are trademarks or service marks of Free the Goldfish Coaching Inc. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Free the Goldfish Coaching Inc. (collectively, the “Trade-Marks”) used on the Website may not be used without prior written consent of Free the Goldfish Coaching Inc. No license to or interest in any FTG Trade-Marks is granted or given to you.

Disclaimers and Limitation of Liability

The Website is provided by FTG on an “as is” and “as available” basis and your use of the Website and all Content found on or in relation to the Website is fully at your own risk. To the fullest extent permissible by applicable law, FTG disclaims all warranties, express or implied, howsoever arising, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, FTG does not make any representation or warranty of any kind, express or implied: (i) as to the operation of the Website, or the availability of the Content; (ii) that the Website will be uninterrupted or that the Content will be error-free (including, but not limited to, mistakes or omissions); (iii) as to the accuracy, completeness, reliability, usefulness or currency of any Content; (iv) that the Website, its servers, or email sent from or on behalf of FTG are free of viruses or other harmful components; or (v) that the Website or the Content thereupon is fit for any particular purpose.

Under no circumstances shall FTG, its affiliates, or any of its directors, officers or personnel (the “FTG Entities”), be liable for any damages that result from the use of or inability to use the Website, including but not limited to reliance by you or any other person on any Content obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of nature, communications failure, theft, destruction, or unauthorized access to FTG records, programs, or services. You hereby acknowledge that applies to all Content available through the Website.

Under no circumstances shall the FTG Entities be liable for any direct, indirect, incidental, special or consequential damages arising from the use of the Website, the use of any Content, or the purchase of any product therefrom.

The FTG Entities expressly disclaim any responsibility or liability for any Content, information, material or links posted by any user of the Website (“User Generated Content”).

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such circumstance only, the above disclaimers, limitations and exclusions apply to the extent, if at all, lawfully permitted.

Commenting Policy and User Generated Content

FTG does not censor User Generated Content based on ideological points of view. FTG reserves the right to delete that User Generated Content that is found to be abusive, off-topic, use excessive foul language, include ad hominem attacks, or include “spam”, at the sole discretion of FTG. By submitting any User Generated Content to the Website, you hereby grant to FTG the royalty-free, worldwide, perpetual license to display, publish or otherwise use such User Generated Content on or in relation to the Website or the business of FTG. FTG asks that all commenters and forum posters remain respectful of others.

Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Acknowledgement

Except as otherwise agreed in writing between you and FTG, these Terms, including FTG’s Privacy Policy available here, represent the entire understanding between you and FTG regarding your use of the Website relationship with Free the Goldfish Coaching Inc. These Terms will at all times be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to principles of conflicts of laws. By using the Website, you irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to the resolution of any disputes relating hereto.

Contact Us

If you have questions about these Terms or want to contact FTG for any reason you may do so by emailing FTG at webmaster@freethegoldfish.com.

Copyright © 2011 by Free the Goldfish Coaching Inc. All Rights Reserved.