- Services – means Moy Consulting applications, websites and other related services
- Moy Consulting – means Moy Consulting corporation, a digital marketing agency for roofing contractors and companies organized under the laws of Canada
- Online Trainings – means the information, services and other materials available on and through the Site
- User – means “User” or “You”
- Subscriber – means an individual who has registered with Moy Consulting for a User ID and User Password, and has enrolled in and paid for access to services and/or content provided by Moy Consulting
- Notices – means all communication, agreements, documents, notices and disclosures that Moy Consulting provides in connection with users account and use of the Services
- Visitor – means an individual who browses the Site, including, without limitation, through a mobile or wireless device, or otherwise uses the Site without being a paid registered subscriber
- Third Party Analytics – means analytical tools which are managed by third-party providers for which additional terms may apply
- Training Materials – means all materials or other works created by Moy Consulting relating to the delivery of the Online Trainings, including any structure or code developed or created by Moy Consulting or at the direction of Moy Consulting
- Unauthorized Content – means all content, communications, or other information listed in paragraph “Unauthorized Content”
- Payment Method – means current valid accepted payment method as indicated during sign-up process
- Taxes – means applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future
- Linked Sites – means links to other websites Moy Consulting does not own or control
- Site – means Moy Consulting website https://matsmoy.com
BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT”, REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH MOY CONSULTING OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions sent to the email you provided. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Trainings, information related to your payment, information about your progress or other services that may be necessary to provide you with Online Training services.
Use of Third-Party Services
User Accounts and User Registration
While any Visitor can view the Site, in order to use the Site and take part in the Online Trainings, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Trainings.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrolment in the Online Trainings, to the extent applicable.
By registering, you agree that:
- you are registered for the Online Trainings only once and will not share your login information with any other person not affiliated with your company;
- if you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund;
Moy Consulting and the instructors of the Online Trainings reserve the right to alter, modify or rearrange the schedule of topics for the Online Trainings.
User Conduct Policy
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- that interferes with a User’s business or services;
- that takes any action that may undermine online reviews or feedback;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Site; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Intellectual Property Rights
All content or other material available on the Site or through the Online Trainings, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Moy Consulting and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Canada and foreign law.
Moy Consulting logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Moy Consulting and are protected under Canadian and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other Federal and Provincial intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Moy Consulting.
Moy Consulting owns or licenses all intellectual property rights (including, where applicable, copyright, trademark, domain name, trade secret, and patent rights) in all materials provided by Moy Consulting in connection with the Training Materials, including without limitation any and all materials or other works created by Moy Consulting relating to the delivery of the Online Trainings, including any structure or code developed or created by Moy Consulting or at the direction of Moy Consulting. These licenses do not include the right to use the Training Materials to provide any training to any person, party or entity for any purpose. Licensee may not sublicense or disclose the Training Materials (or any derivative products created from them) to third parties in any form for any reason. Moy Consulting owns any derivative products created by Licensee except any portions that include Licensee’s own confidential information or pre-existing intellectual property (or that of any third party). Licensee will not alter, develop derivative products, or otherwise use the Training Materials as a whole or in part in any form or any purpose without the prior written consent of Moy Consulting. The rights contained in this license are granted at the sole discretion of Moy Consulting and Moy Consulting reserves the right to revoke the license granted by these terms for violating the proprietary rights of Moy Consulting.
License to Use the Site and Online Trainings
The Online Trainings may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Trainings, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”).
Moy Consulting does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Trainings. Accordingly, subject to the license granted to Moy Consulting below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Moy Consulting, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Moy Consulting’s Content or Services which you may propose or make or which User and Constulting.com may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as Moy Consulting, its affiliates, and its and their customers and business partners.
With respect to any User Content you submit to Moy Consulting (including for inclusion on the Site or Online Trainings) or that is otherwise made available to Moy Consulting, you hereby grant Moy Consulting an irrevocable, worldwide, perpetual, royalty-free and non- exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Trainings or otherwise utilize the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Moy Consulting above shall be exclusive. Moy Consulting reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Moy Consulting to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Moy Consulting, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Use of Communication Tools and Related Services
To purchase any services or products offered by Moy Consulting through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Moy Consulting’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Moy Consulting Site as they become due, whether on a one-time or subscription basis.
For access to and use of the Services, you agree to pay the amounts set forth in Moy Consulting’s Fee Schedule for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services.
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card;
- The service will be billed once you gain access to the Online Trainings;
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”);
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Moy Consulting’s products and services, including without limitation, your subscription to or purchase of Online Training materials. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate;
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Moy Consulting products and services, Moy Consulting will attempt during the purchase process to verify your location and will not charge you tax on top of your purchase. Should Moy Consulting request it, you must provide us with a statement by email [email protected] that: (a) you are not a resident of Canada or the ; (b) you are not GST/HST registered; and (c) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Moy Consulting products and services were made available to you. The statement should also include your complete home and/or business location address.
It is very important to us that you are satisfied with your purchase. In the unfortunate event that you are unsatisfied, you may be eligible for a refund subject to the conditions noted below:
- Your purchase was made no more than 45 days prior to your refund request;
- You have:
- Completed at least 4 weeks of the Online Trainings
- Completed specified action items
If you meet all of these criteria, you must submit your refund request in writing via e-mail to [email protected] along with a receipt evidencing your proof of purchase and an explanation for why you are requesting a refund.
Further, no refund will be issued for:
- Failure to pass quizzes, final exams, or any other in-course assessment requirements within the allotted attempts (per training guidelines);
- Failure to pass identity validation requirements (including validation of state or government identification, security questions or any other required methods, per training guidelines;
- Online Trainings expirations (per training guidelines).
Requested refunds that are approved may take up to 10 business days to reflect in your account. Refunds will only be issued to the same payment method used during the initial purchase.
You acknowledge and agree that Moy Consulting’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Moy Consulting, at its sole discretion, may limit, suspend, or terminate your use of all Moy Consulting-provided services related to Moy Consulting’s services and may modify or discontinue all services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of the Site, the Online Trainings and all Content and services available on the Site is at your sole risk and responsibility. THE ONLINE TRAININGS (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE TRAININGS AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE TRAININGS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE TRAININGS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE TRAININGS, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE TRAININGS AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
By using accessing the website, you understand and agree that all content material we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of the website will meet your needs or requirements;
- the use of our website will be uninterrupted, timely, secure or free from errors;
- the information obtained by using our Resources will be accurate or reliable, and;
- any defects in the operation or functionality of any of the training materials we provide will be remediated.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Online Trainings is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content;
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Moy Consulting will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Online Trainings, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
ALL LIABILITY OF https://matsmoy.com/, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (A) THE MONEY PAID TO https://matsmoy.com/ FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (B) TEN EUROS (€10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL https://matsmoy.com/ ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
No Class Actions
You agree that you will only be permitted to bring claims against Moy Consulting on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Linking to Other Sites
The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Moy Consulting does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Moy Consulting’s Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Trainings;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
Moy Consulting’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent: Moy Consulting
Force of Nature
Brampton, Canada. Email: [email protected]
The section titles herein are displayed for convenience only and have no legal effect.