Last Updated: December 2, 2023

All of our Products, Services, Programs, and Digital Downloads are owned and operated by Naomi Dowell, Self-Discovery Coach (“Company”, “we”, “us”). Any user and/or purchaser of our Products, Services, Programs, and Digital Downloads will be referenced as “you” or “Client”.

This contract, for Company’s Products, Services, Programs and Digital Downloads (“Terms of Use”, “Agreement”), states how you may use our Products, Services, Programs and Digital Downloads. Collectively, Company and Client will be referred to as the “Parties.”

You warrant and represent that you are free to enter this Agreement and are eighteen (18) years of age on the date of entering into this Agreement. The Parties warrant that all statements made in this Agreement are true. By purchasing and/or using any of our Products, Services, Programs and Digital Downloads, you agree to the Terms of Use, as well as the Privacy Policy, whether or not you have read them.

We may modify the terms of this Agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified through email.

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

Privacy Policy

Our Privacy Policy is hereby incorporated by reference into this agreement. 

In order to improve and better serve you through our Products, Services, Programs, and Digital Downloads, we require and gather various personal data and/or confidential information to gain a better understanding of your needs. Reasons we may use your data include company record tracking, customer support or communication concerning your use and/or purchase of our Products, Services, Programs and Digital Downloads, customization and improvement of Products, Services, Programs and Digital Downloads, and sending informational and promotional emails which can be opted out from at any time.

By purchasing our Products, Services, Programs and Digital Downloads, we may request personal information, including your name, email, shipping address, credit card number, billing information, interests, preferences, experience with our Products, Services, Programs and Digital Downloads, or other confidential or identifying information. By providing this information to us, you consent to our use and storage of the provided information. We make our best efforts to ensure the security of your information. We rely on reputable and reliable third-party vendors to collect this information. 

Confidentiality & Non-Disclosure

We recognize and acknowledge that the Services rendered to you may reveal confidential information that is proprietary to you. “Confidential Information” includes but is not limited to all material, non-public, personal information, business-related information, written or oral, whether or not it is marked that is disclosed or made available to us, directly or indirectly, through any means of communication or observation. We agree not to share this information and agree to take reasonable measures to protect your Confidential Information.

Conversely, by purchasing and/or using our Products, Services, Programs and Digital Downloads, you recognize and acknowledge that the services rendered to you by us may also reveal Confidential Information that is proprietary to us. We have developed a step-by-step process to work with clients. This process, along with any materials drafted by us and provided to you are confidential. By purchasing and/or using our Products, Services, Programs or Digital Downloads, you agree not to share these materials with others and agree to take reasonable measures to protect Company’s confidential information. You agree to bind its employees and subcontractors to the terms and conditions of this Agreement.

Payment

You understand and agree that by opting for payment through PayPal, debit card or credit card, you are authorizing us to automatically bill your PayPal, debit card or credit card for the Products, Services, Programs or Digital Downloads without requiring additional approval and that you will be provided with an electronic receipt. This includes but is not limited to any single payment, and recurring payments as a part of your payment plan.

By purchasing and/or using our Products, Services, Programs or Digital Downloads, you agree and understand that any information you provide, such as your name, payment method, credit card number, address and billing details may be collected by us and our payment processing company.

You agree that making a purchase or transaction through our Website or its Content constitutes a release of us and our payment processing company from any damages, losses or any and all liability you may suffer or incur, and you agree not to raise any claims with us or them.

You understand and agree that everything within our Products, Services, Programs, Digital Downloads and their contained Materials are for your personal use only and that none of them may be shared, sold, duplicated, traded or otherwise distributed in any way.

No Refunds

It matters to us that you are content with your Products, Services, Programs and Digital Downloads. However, due to the digital nature, the extensive planning, time, effort, thought and care that goes into creating and/or providing our Products, Services, Programs, Digital Downloads and their Materials, we have a no refund policy. By using and/or purchasing our Products, Services, Programs and Digital Downloads, you understand and agree that no refunds, of any kind, will be provided at any time, unless otherwise required by law. This includes but is not limited to any time of chargeback or threat of chargeback from your credit card. In the event of a chargeback threat or execution of a chargeback, we reserve the right to report it to any credit reporting agencies.

Intellectual Property

Company owns the rights to all content in the Products, Services, Programs, and Digital Downloads, including but not limited to texts in the forms of guides, workbooks, videos, audio recordings, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Your participation in the Program does not transfer any intellectual property rights to you. We grant you a single-use, non-exclusive, non-transferable, revocable license to any and all content within our Products, Services, Programs, and Digital Downloads, for personal use only. You agree not to steal, copy or create any derivative works of any of the content found in our Products, Services, Programs, or Digital Downloads. This includes but isn’t limited to any selling, exploiting, distributing in any way (including private, personal or electronic means such as email) modification, translating, copying, reproducing, reprinting, republishing, or uploading.

In the event that any copyrighted work(s) are created as a result of the Products, Services, Programs, and Digital Downloads, we own all copyright in any all work(s) it creates or produces whether registered or unregistered. These works are expressly and solely owned by us and may be used in the reasonable course of our business. 

You understand and agree that unless given prior, written consent from us, you are restricted from using our Products, Services, Programs or Digital Downloads or their Materials in any way that constitutes infringement.

Force Majeure

Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Indemnification, Limitation of Liability, Release of Claims

To the extent permitted by law, you agree to protect, indemnify, defend, and hold harmless the Company, its officers, affiliates, directors, employees, agents, and third parties for any claim/losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Products, Services, Programs, Digital Downloads and related 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.

You agree to absolve and do hereby absolve us of any and all liability or loss you may suffer or incur as a result of the use of the Products, Services, Programs, or Digital Downloads and/or any information and resources contained in the Products, Services, Programs, or Digital Downloads. You agree that we shall not be liable to you for any type of damages, including but not limited to any and all claims, costs, harm of any kind, including but not limited to emotional, mental, physical, spiritual, psychological harm or the like, personal injuries, deaths, expenses, losses, damages, actions, wasted time, and liabilities, of any nature, whether direct, indirect, special, incidental, equitable, known or unknown, foreseen or unforeseen, or consequential loss or damages (collectively "Claims") for use of the Products, Services, Programs, or Digital Downloads.

Disclaimer

All of our Products, Services, Programs, Digital Downloads and containing Materials are for educational and informational purposes only. Nothing in our Products, Services, Programs, Digital Products or contained Materials, including but not limited to any interactions with us shall be construed or relied upon as any form of counselling, therapy, psychological evaluation, professional advice, business advice, financial advice, legal advice or medical advice. By using and/or purchasing our Products, Services, Programs, or Digital Downloads, you agree to use your own judgment and that you are doing so at your own risk.

You acknowledge and understand that in no way are results guaranteed through your participation in Products, Services, Programs, or Digital Downloads. We only agree to provide you with access to our Products, Services, Programs, Digital Downloads and their Materials to provide you with information and tools to help you make your own decisions for yourself. As such, your actions, decisions, and outcomes resulting from the utilization, misapplication or non-application of our Products, Services, Programs, or Digital Downloads are solely your responsibility. To the maximum extent permitted by applicable law, we explicitly disclaim any responsibility for any loss you may suffer or incur through the use of our Products, Services, Programs or Digital Downloads, including the stated Claims in our Indemnification, Limitation of Liability, Release of Claims.

Warranty

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Products, Services, Programs, or Digital Downloads, and related graphics contained in the Products, Services, Programs, or Digital Downloads for any purpose. To the maximum extent permitted by applicable law, all such information, software, Products, Services, Programs, or Digital Downloads, and related graphics are provided “as is” without warranty or condition of any kind. We do not warrant the functionality, completeness, uninterrupted operation, appropriateness, or error-free nature of the Products, Services, Programs, or Digital Downloads. We do not assure that defects will be rectified, or that any aspect of the content or website is free from harmful components, including but not limited to viruses. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, Products, Services, Programs, or Digital Downloads, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Harassment-Free Working Environment

We maintain the right to a safe and harassment-free working environment. Harassment shall include, but not be limited to the following behaviours by you or any visitor of our website: overuse of foul or graphic language; sexual advancement or insinuation; non-consensual physical touch, physical force or violence; stalking; threats of any kind; yelling; repeated phone calls, texts or emails that supersede reasonable levels of communication; bullying; name calling; general lack of cooperation, not following processes and belittling of the duties the Company has been hired to perform.

We will notify you if any such violations occur. You then agree to immediately cease such offences. Under such occurrences, whether or not you do cease such offences, we reserve the right to cease your access to our Products, Services, Programs, or Digital Downloads immediately and permanently. You agree to relieve and hold us harmless as a result of incomplete Products, Services, Programs or Digital Downloads, or for a lapse in the quality of our work, and you shall be responsible for payment in full.

Assignment

You may not assign this Agreement without the express written consent of Company.

Dispute Resolution

In the event of any disagreements, we are hopeful that the Parties could work through them amicably through email correspondence. However, if a resolution cannot be found,  Company and Client agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the Parties in consultation with a mutually selected mediator, though no later than thirty days after the date of services of the initial notice, unless otherwise agreed by the Parties and mediator. Each Party shall bear its own fees and costs for the mediation. You also agree to mediate in London, Ontario, Canada.

You expressly waive any and all claims, now or in the future, arising out of or relating to the Program. To the extent you attempt to assert any such claim, you hereby expressly agree to present such claim only in the small claims courts in London, Ontario, Canada.

Governing Law

This Contract shall be governed by and interpreted under the laws of the province of Ontario, Canada.

Waiver

No waiver of any default by any Party or Parties to this Agreement shall be implied from any omission by a Party or Parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

Severability

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

Sole and Only Agreement

This Contract contains the entire understanding between the Parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the Parties. No amendment or modification of this Contract shall be effective unless executed in writing by both Parties.