MOY CONSULTING TERMS OF USE

Schedule

  1. Services – means Moy Consulting applications, websites and other related services
  2. Moy Consulting – means Moy Consulting corporation, a digital marketing agency for roofing contractors and companies organized under the laws of Canada
  3. Online Trainings – means the information, services and other materials available on and through the Site
  4. User – means “User” or “You”
  5. 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
  6. Notices – means all communication, agreements, documents, notices and disclosures that Moy Consulting provides in connection with users account and use of the Services
  7. 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
  8. Third Party Analytics – means analytical tools which are managed by third-party providers for which additional terms may apply
  9. 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
  10. Unauthorized Content – means all content, communications, or other information listed in paragraph “Unauthorized Content”
  11. Payment Method – means current valid accepted payment method as indicated during sign-up process
  12. 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
  13. Linked Sites – means links to other websites Moy Consulting does not own or control
  14. Site – means Moy Consulting website https://matsmoy.com

Moy Consulting, a company organized under the laws of Canada located at 60 Queen St E #103, Brampton, ON L6V 1A9 (collectively, “we,” “us” or “Moy Consulting”) provides you access to the Moy Consulting services (“Services”) including its applications and websites, available at the entry-point URL https://matsmoy.com (the “Site”), and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Trainings”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Trainings. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you under 18 years of age, then do not use the Site or Online Trainings.

Your Acceptance of These Terms of Use

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (a) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (b) a “Subscriber” (meaning that you have registered with Moy Consulting for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Moy Consulting). The term “User” refers to a Visitor or a Subscriber. You are authorized to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

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.

WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. MOY CONSULTING’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE TRAINING FEES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Moy Consulting on a Site.

User Communications

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

Moy Consulting uses third-party analytics services to help understand your usage of the services. In particular, Moy Consulting provides a limited amount of your information (such as your email address and sign-up date) to (each a “Third Party Analytics”) and utilize Third Party Analytics to collect data for analytics purposes when you visit our website or use our product. Third Party Analytics analyzes your use of our website and/or product and tracks our relationship so that Moy Consulting can improve our service to you. We may also use Third-Party Analytics as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Third Party Analytics may collect and aggregate publicly available contact and social information that may be related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience with us. Each Third Party Analytics’ services are governed by their respective terms of use and privacy policy which can be found at https://matsmoy.com/privacy-policy/. If you would like to opt out of having this information collected by or submitted to a Third-Party Analytics provider, please contact us.

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.

Privacy

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Trainings. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Trainings. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.

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;
  • you will abide by these Terms of Use.

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

As a condition of accessing the Site and/or using the Online Trainings, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Trainings other than as expressly allowed under these Terms of Use; (b) use Moy Consulting’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Trainings; or (g) interfere with or disrupt the Online Trainings or servers or networks connected to the Online Trainings, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Trainings.

Unauthorized Content

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

The Services are owned and operated by Moy Consulting and its licensors. Moy Consulting reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you in the event Moy Consulting Intellectual Property Rights are infringed. You agree that Moy Consulting shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Moy Consulting to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

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.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, re- sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Moy Consulting may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Moy Consulting and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

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

Subject to your compliance with these Terms of Use, https://matsmoy.com/ hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Trainings as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Trainings, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

User Content

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

The Online Trainings may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or Moy Consulting. You agree to use communication tools available on the Online Trainings only to send communications and materials related to the subject matter for which Moy Consulting provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications tools available on the Online Trainings, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Moy Consulting in any manner (unless expressly stated otherwise by Moy Consulting) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Moy Consulting in any manner, though Moy Consulting reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use.

Additionally, through such communication tools, Moy Consulting may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

Payment Terms

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.

Refund Policy

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.

Services Availability

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.

Warranty

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;
  • no information or advice, whether expressed, implied, oral or written, obtained by you from Moy Consulting or through any content we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Use Agreement.

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.

Indemnity

You agree to indemnify, defend and hold harmless Moy Consulting, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Trainings in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Trainings in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Trainings, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of Rights

You agree that Moy Consulting, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Trainings for any reason or no reason, including, without limitation, if Moy Consulting believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Site or Online Trainings may be affected without prior notice to you and that Moy Consulting shall not be liable to you nor any third-party for any termination of your account or the Online Trainings. You also acknowledge that Moy Consulting may retain and store your information on Moy Consulting’s systems notwithstanding any termination of your account or the Online Trainings.

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
Email:[email protected]

Miscellaneous Provisions

Moy Consulting may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Moy Consulting.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of Canada, as it is applied to agreements entered into and to be performed entirely within Canada and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Moy Consulting, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Trainings, shall be subject only to the jurisdiction of the courts located in Canada. Moy Consulting makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal and is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect.

Force of Nature

Moy Consulting shall have no liability under these Terms of Use to the extent arising from any failure of Moy Consulting to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, pandemic, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond Moy Consulting’s reasonable control. Moy Consulting shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of Moy Consulting to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and Moy Consulting relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Moy Consulting or through a specific writing between you and Moy Consulting.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

Notices
Moy Consulting,
Brampton, Canada. Email: [email protected]

The section titles herein are displayed for convenience only and have no legal effect.