Terms of Service
If after purchasing any of our programs you are not completely satisfied, simply email our customer service department within 30 days of purchase for a full refund of the purchase price (less handling fees). Our customer service department can be reached at: contact [at] bloggenie [dot] ca.
Terms & Conditions
Disclaimer and Limitation of Liability:
By enrolling in a Rita Barry course, whether paid or free of charge, you assume all responsibility and risk. All Rita Barry courses are provided on an “AS IS” basis to the extent permitted by law, and all services and materials provided by Rita Barry hereunder or pursuant to this course are provided “as is” with no warranties of any kind.
Neither Rita Barry nor its instructors make any representations or warranties with respect to the performance of any materials and/or any services provided in connection with this course, whether express, implied, statutory or otherwise, and Rita Barry on behalf of itself and its instructors expressly disclaims all other warranties, express, implied, statutory or otherwise, including but not limited to the implied warranties of non-infringement of third party rights, merchantability, satisfactory quality, and fitness for a particular purpose with respect to any Rita Barry course or the information, content, materials and products provided therein, including any information, content, materials and products provided on this site.
Any course materials provided by Rita Barry are provided “AS IS” and are not subject to any acceptance procedures by the signatory below, and Rita Barry’s obligations with respect to any such course materials will be completed upon delivery of such course materials to the signatory below. All Rita Barry programs are designed to provide practical and useful information on the subject matter covered. However, the programs are sold with the understanding that Rita Barry is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
In no event will Rita Barry or Rita Barry’s officers, directors, subsidiaries, licensors, contractors, licensees, agents and affiliates of any kind be liable to you or any third party for any liabilities, losses or damages of any kind arising from taking any Rita Barry course or for the use of this site, including but not limited to direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits arising out of or in any way related to taking any Rita Barry course or using this site.
This disclaimer of liability applies to any and all damages or injury that arise in connection with the use of Rita Barry in any capacity.
The signatory below acknowledges and agrees that Rita Barry shall retain all rights, title or interest in any course material or any product delivered hereunder or in any way related to the course material. Rita Barry does not grant any express or implied license or right to or under any patents, trade secrets, copyrights, trademarks or other rights in any product provided hereunder or in any way related to the course. Unlicensed or unlawful use of the product shall be prosecuted.
Choice of Law and Venue:
You agree that any dispute that may arise will be governed by the laws of the province of Alberta.
Service of Process:
You agree that, notwithstanding any provision of law to the contrary, Rita Barry may satisfy its obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for a Rita Barry course or by sending a paper communication to you at the postal address that you provided when you registered for a Rita Barry course. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication.
Even if Rita Barry acts in a way that you believe to be inconsistent with this agreement, those actions will not be deemed a waiver or constructive amendment of this agreement. Similarly, our failure to object to your breach of your obligations under this agreement does not constitute a waiver of any of our rights.
If any provision of this agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate this agreement at any time without notice for any reason. The disclaimer and limitation of liability and governing law sections of this agreement shall survive any such termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rita Barry as a result of this agreement or your access to and use of the site.
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to this Site (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of Canada, and all Content and intellectual property rights therein are the property of Rita Barry or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
The Rita Barry logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Rita Barry (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
This Site may contain links and/or advertisements to other websites maintained by unrelated companies. An advertisement of, or link to, a non-ritabarry.co website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
DATA PROTECTION CONSENT:
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
EXCLUSION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
In consideration of your use of the Site, if you register on our Site in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact Rita Barry at contact [at] bloggenie [dot] ca) and until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Rita Barry reserves all rights and remedies available to it.
INTELLECTUAL PROPERTY POLICY:
Rita Barry respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available on the Site in a manner that constitutes copyright infringement, please send a notice of the alleged infringement to Rita Barry including all of the following information:
- An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
a description of the work that you claim has been infringed (including the URL, location on the Site, title and/or item number (if applicable) or other identifying characteristics);
- Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
- A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement to Rita Barry’s agent for notice of claims of intellectual property infringement by any of the following:
Attn: Rita Barry
E-mail: contact [at] bloggenie [dot] ca
PRODUCT & SERVICES INFORMATION:
All references on this Site to information, materials, products and services apply to information, materials, products and services available in the jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any other jurisdiction. All references on this Site to a “Lifetime Membership” or “Lifetime Access” or “Lifetime Use” or “No Expiration” or “Never Expire” (the “Lifetime Membership Policy”) shall mean the lifetime or course or duration of Rita Barry. If at any time Rita Barry ceases to exist, the Lifetime Membership Policy will no longer be in effect.
This Site is a business and commercial site. As such, it is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on our Site´s online store.
MODIFICATION AND DISCONTINUATION:
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
SEVERABILITY AND NON-WAIVER:
LAW & JURISDICTION:
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and province courts in the Province of Alberta and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.