Metaphysical School Terms of Service

Effective March 6, 2020

  1. Acceptance of Terms of Service. The following terms and conditions of service is an agreement (“Agreement”) between Metaphysical School, (“Company”, “we”, “us”, and “our”), the owner and operator of Metaphysical.School (the “Site”), and you (“you” or “You”), a user of the Site. This Agreement applies to use of the Site and all content, services, and products available at or through the Site (“Related Products/Services”). Please read this Agreement carefully before accessing or using the Site and its Related Products/Services. By using the Site you acknowledge and agree to these Terms of Service and the Privacy Policy, which can be found at https://metaphysical.school/privacy and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site.
  2. Disclaimer. Metaphysical.School provides educational material for information and entertainment purposes only. The information contained on the Site is not guaranteed in any way. The Company does not intend for any of the information it provides to be exclusively relied upon and is not responsible for your application or interpretation of this information. It is the responsibility of the user of this Site to use his/her common sense when viewing any content or accessing information provided to them, and to consult the appropriate medical or legal professional for any serious physical, mental, or legal issue they may be confronting.
  3. Restrictions. The Site is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
  4. Changes to Terms of Service. The Company reserves the right, at its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time.
    1. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
    2. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
    3. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
  5. Intellectual Property. The design, trademarks, service marks, graphics, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under Canada, foreign laws, and international conventions. The Company reserves all rights not expressly granted in and to the Site. Your use of the Site grants you no right or license to reproduce or otherwise use any Company or other third party Mark. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
    1. Copyright Disclaimer. The Company retains copyrights on all text, data, images, audio, video, templates, or other materials on this Site (collectively referred to as “Content”). You may not distribute, modify, transmit, reuse, report or use the Content of the Site, for public or commercial purposes without the written permission of the Company. Users may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own User Content that you post to the Site), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Company. The Company retains all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
    2. Trademark Disclaimer. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company. Product names, logos, brands, and other trademarks featured or referred to within the Site are the property of their respective trademark holders. These trademark holders are not affiliated with the Company or the Site. They do not sponsor or endorse our materials.
  6. Your Registered User Account
    1. License. Upon registration and payment of a registered user account with the Site (“Registered User”), your account grants you a limited, non-exclusive, non-transferable license to access the Site for your personal use in accordance with the Terms of Service.
    2. Account Creation. During the registration process for Registered Users, you will be asked to create an account, which includes a user name (“User Name”) and password (“Password”). You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form.
    3. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your account and Password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. Sharing your access credentials with others, especially for the purpose of accessing the Site’s proprietary content, is a material breach of this Agreement.
    4. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your Password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or Password.
    5. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
  7. User Conduct
    1. Rules of User Conduct. By accessing and/or using the Site, you agree to comply with the following rules of user conduct (“User Conduct”):
      1. You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;
      2. You will be respectful of the Company and all of its Users in all content you upload, post, email, transmit, or otherwise make available on the Site;
      3. You will not upload, post, email, transmit, or otherwise make available any content that:
        1. infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
        2. is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
        3. discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
      4. You will not “stalk,” threaten, or otherwise harass another person;
      5. You will not spam or use the Site to engage in any commercial activities;
      6. If you post any Registered User content, you will stay on topic;
      7. You will not access or use the Site to collect any market research of any kind;
      8. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      9. You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
      10. You will not cover, obscure, block, or in any way interfere with any content and/or safety features (e.g., report abuse button) on the Site;
      11. You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
      12. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
      13. You will let us know about inappropriate content of which you become aware. If you find something that violates our rules of User Conduct, please notify the Company at support@metaphysical.school.
    2. User Conduct Infringement. The Company reserves the right, in its sole and absolute discretion, to delete or change your User Name, Password and/or account at any time and to deny you access to the Site, or any portion of the Site, without notice, and to remove any content that does not adhere to the rules of User Conduct. The Company shall have no liability to you for any loss or damage caused by such action.
  8. User Content
    1. Content Ownership and Warranty. You retain all ownership rights to content uploaded to Site. By submitting content to the Site, you warranty to the Company that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content and that it and its use by the Company does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our rules of User Conduct.
    2. Content License. By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
    3. Content Responsibility. By submitting content to the Site, you expressly acknowledge and agree that once you submit User Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. You, and not the Company, are entirely responsible for all your User Content that you upload, post, email, or otherwise transmit via the Site.
  9. Fees and Payment. As consideration for any purchase you make on the Site, you shall pay the Company all applicable fees and taxes. The Company (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provide for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You must provide current, complete, and accurate billing and shipping information (if applicable). All payments will be charged and made in U.S. dollars.
    1. Store Credit. The Company offers store credit as affiliate rewards for the express and sole purpose of purchase of in-store products (i.e. Video Courses). The Company is not obligated to pay neither affiliate rewards nor store credit to its users in any other form including cash, check, or electronic payment transfer at any time.
  10. Communications with the Company. Although the Company encourages communication via email with us, the Company does not want you to, and you should not, email the Company any content that contains confidential information. With respect to all emails and communications you send, including, but not limited to, feedback, questions, comments, suggestions, and the like, the Company shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
  11. External Sites and Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
  12. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
  13. Privacy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://metaphysical.school/privacy). You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to other countries for storage, processing, and use by the Company.
  14. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide the Company with the following information in accordance with the Canadian Copyright Act:
    1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    2. identification of the copyrighted work claimed to have been infringed;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. your contact information, including your address, telephone number, and an email address;
    5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  15. Promotions. Some users may promote competitions, promotions, prize draws and other similar opportunities on the Site (“Third Party Competitions”). The Company is not the sponsor or promoter of these Third Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer, or are otherwise involved in any promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Competitions in your country of residence.
  16. Termination
    1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
    2. Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this Agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement or violation of the rules of User Conduct.
    3. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
    4. Survival of Provisions. This Agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
  17. No Warranties. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
  18. Limitation of Liability. To the fullest extent permitted by applicable law in no event shall the Company be liable for:
    1. any direct, special, indirect or consequential damages, or
    2. any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
  19. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.
  20. Arbitration
    1. Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration regulated by the Province of British Columbia of Canada.
    2. Arbitration Location. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Unless you and the Company agree otherwise, in-person arbitration will be conducted in the Province of British Columbia of Canada.
    3. Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.
    4. Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
  21. Governing Law. This agreement will be governed by and construed in accordance with the laws of the Province of British Columbia of Canada, without regard to its conflict of laws rules.
  22. Action Waiver. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
  23. Feedback. We welcome any comment, question, and communication via email at: support@metaphysical.school.
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