Please read this “warranties, disclaimer and terms of service agreement” (the “agreement”) carefully prior to your use of this web site.
By clicking on the “I agree to the disclaimer and terms of service” button on the website and thereafter utilizing the site, you (“user” or “you”) hereby agree to be legally bound by this agreement which also incorporates, by reference, the privacy policy posted on the site, as they are amended from time to time. If this agreement is not acceptable and you are unwilling to be bound by it, please do not click on the “i agree to the disclaimer and terms of service” button or otherwise use the site or enter any information about yourself or transact any business through this site.
Warranties, Disclaimer And Terms Of Service Agreement
Mia Doucet (referred to as “we” or “us”) is the owner and operator of this Website and the Materials (as defined below) sold on this Website.
Eligibility and User’s Warranties and Representations.
We intend that this website and the Materials (as defined below) be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.
Fraud.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.
Links to Third Party Websites.
We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links solely as a convenience. The presence of these links on any of our websites does not imply our endorsement of that site. The links are intended to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links and over which we have no responsibility or control.
User’s Information.
“User’s Information” is defined as any information or other material you provide to us or others in connection with the website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. However, we reserve, the right to modify or remove from the website, all or any portion of User’s Information or other material that we, in our sole discretion, consider abusive, defamatory, infringing, obscene, offensive, or otherwise unlawful or unacceptable. We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or the website.
License, Access and Interference.
Use of the Site, Materials and Services. The contents of this website and the Materials are protected by copyright, trademark, trade secret and other laws and are our sole and exclusive property. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal use of the (i) website in order to obtain information about, and/or to purchase the Materials offered on the website and (ii) the Materials. This license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be copied, decompiled disclosed, disassembled, duplicated, modified, reproduced, sold, resold, publicly displayed, reverse engineered, visited, or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or in any other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppels, course of dealing or otherwise.
Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.
Privacy. Our current Privacy Policy is available on the website and is incorporated in this Agreement by reference. We reserve the right to change our Privacy Policy from time to time.
Warranty Disclaimers and Limitations of Liability.
We are the owner, distributor and publisher of the DVDs, audio CDs and/or software, and/or transcripts, and/or pdf files, and/or reports and/or the accompanying products and materials described on this site (collectively the “Materials”). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS TO YOUR CIRCUMSTANCES. The information contained in these Materials is strictly for educational and/or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same.
YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL FIND STRESS RELIEF OR LOSE WEIGHT USING THE RESOURCES OR METHODOLOGIES THAT WE HAVE DESCRIBED ON THIS SITE OR IN THE MATERIALS; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR MATERIALS, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION (III) EXAMPLES IN THESE MATERIALS OR ON THE SITE ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL FIND STRESS RELIEF OR LOSE WEIGHT BY USING OUR MATERIALS AND (IV) THE ACTUAL BENEFITS YOU EXPERIENCE, IF ANY, ARE BASED ON FACTORS OUTSIDE OF OUR CONTROL.
ANY CLAIMS MADE OF ACTUAL STRESS LOSS OR WEIGHT LOSS OR EXAMPLES OF ACTUAL LIFE-CHANGING RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, WILLINGNESS TO PUT IN THE REQUIRED TIME AND EFFORT, YOUR MOTIVATION, YOUR DEDICATION TO THE PROCESS, AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND ARE BEYOND OUR CONTROL, WE CANNOT AND DO NOT GUARANTEE OR WARRANT YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS, REACTIONS OR ABREACTIONS.
WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE PROGRAMS, THE MATERIALS OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material OR WEBSITE, which ARE provided “as is” and without warranties.
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES / PARTNERS, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE.
CERTAIN AMERICAN AND CANADIAN STATE AND PROVINCIAL 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 MIGHT HAVE ADDITIONAL RIGHTS.
WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE MATERIALS.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
The information in this website may not be construed as personal medical advice. It is intended as a sharing of knowledge and information from the research and experience of Mia Doucet and other practitioners. It is provided with the understanding that we are not engaged in the practice of medicine or any other health-care profession and do not enter into a health-care practitioner/patient relationship with our readers. The information on this website is not intended as medical advice. And it is not intended to replace a one-on-one relationship with a qualified health care professional. No action should be taken based solely on the contents of written or spoken information. We encourage readers to make their own health care decisions based on consultation with appropriate health professionals on any matter relating to their health and well-being.
We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through our product or process or program or for any health problems that may result from products, programs, or events you learn about or attend through the site. We are not responsible for errors or omissions. The FDA has not evaluated these statements.
Indemnification.
You agree to indemnify, defend and hold us, our agents, subsidiaries and affiliates / partners and each of our officers, directors, agents, employees, independent contractors and suppliers, successors and assigns harmless from any claim, demand, action, costs and expenses, judgments or damages, including reasonable attorneys’ fees, due to or in any way arising out of or in connection with any project or the performance of this Agreement, whether such claims are brought by you or other third parties. These include, but are not restricted to (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; (vi) your failure to consult a qualified health practitioner regarding any stress issues, weight loss process, weight loss diet or weight loss supplement or EFT (Emotional Freedom Techniques®) or Faster EFT (Faster Emotionally Focused Transformations) or eutaptics® or NLP (Neuro-Linguistic Programming) or Meridian Tapping and (vii) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
Release; Covenant Not To Sue.
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates / partners, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or information or videos or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notices.
Except as explicitly stated otherwise, any notices shall be sent by postal mail to us at 22 Picton Street, Suite 1501, London, Ontario, Canada N6B 3R5 [mid-April ― mid-October] or 506 Clubside Circle, Venice, Florida, USA 34293-4359 [mid-October ― mid-April] and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 5 days after the date of mailing.
Arbitration.
Any claim, dispute, or controversy between you and us or our subsidiaries and affiliates / partners, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the website or the Materials, shall be settled by binding arbitration, before a single arbitrator with expertise in Internet law, in accordance with the commercial arbitration rules of JAMS (formerly, Judicial Arbitration Mediation Service/Endispute) which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the award may be entered pursuant to the Federal Arbitration Act, 9 U.S.C.A. § 1 et, seg. (or its Canadian equivalent) in any court having jurisdiction. This arbitration clause does not preclude either party from seeking provisional remedies, or any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
Taxes.
You are responsible for paying any government taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.
General.
Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act (US) and the Federal Commercial Arbitration Act (Canada). The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the Province of Ontario. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the deletion of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement; Amendment. This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU WILL NOT USE THE WEBSITE. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.
Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.
The Materials are copyrighted © by Mia Doucet. Under no circumstances may any part of the Materials be copied in any format, or changed in any format, sold, or used in any way other than what is outlined within the Materials.
Notice of referral fees and commissions.
The person or company that referred you to Mia Doucet and specifically to this site may be receiving a commission payment for their referrals. (Usually a percentage of fees collected from clients referred). You should not rely exclusively on this person’s referral in determining whether to do business with Mia Doucet and by agreeing to this Warranties, Disclaimer and Terms of Use Agreement you represent that you will do (or have done) due diligence in evaluating Mia Doucet separate and apart from the recommendation you received that resulted in your visiting and/or making payment on this site.
Independent Contractors / Affiliates / Partners.
It is expressly understood that the parties are independent of one another, and not joint venturers, agents or employees of one another and that neither has authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in a writing signed by both parties hereto.
More limitations of liability.
IN NO EVENT SHALL Mia Doucet, HER AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ILL HEALTH OR LOSS OF HEALTH OR FAILURE TO LOSE WEIGHT, OR FAILURE TO FIND STRESS RELIEF, OR FOR ANY SPECIAL, DIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF FORM OF ACTION, EVEN IF Mia Doucet HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
B) IN NO EVENT SHALL Mia Doucet HER AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT WHICH EXCEED THE AMOUNTS ACTUALLY PAID TO Mia Doucet UNDER THIS AGREEMENT.
Exceptions.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any death or personal injury caused by our negligence; fraud or fraudulent misrepresentation on our part; or matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
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