Terms of Use

Updated: March 25th, 2020. 

 

1. Introduction

1.1 These Terms of Use (the “T1. Introduction

1.1 These Terms of Use (the “Terms”) govern your use of the https://calmversation.thinkific.com/ website (the “Site”), which is owned and operated by calmversation dba as MissyJena Media Innovations Inc. (calmversation,” “we”, “us”). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to be bound by any of the terms, please do not use this Site. calmversation has the right to revise at any time the Terms without providing notice. Check this page to ensure you are familiar with the current version of the Terms. Your continued use of the Site following the posting of any changes to the terms means you accept the changes.

2. The Modules

2.1 calmversation licenses the calmversation™ education modules (the “Modules”) from MissyJena Media Innovations Inc. (“MissyJena”). The Modules are discussion-based programs with games, activities, concept videos and worksheets to supplement K-12 education and promote respectful communication, creativity, problem solving and social emotional intelligence. Modules may include workshops presented in person or via webinar.

2.2 The contents of the Modules are provided to facilitate the peaceful exchange of thoughts and ideas in a classroom setting. The content within each Module is for informational purposes only. It is not intended for the content to be relied upon as professional or expert advice or opinions. You should make your own judgment on the applicability of the content to your needs or seek advice, opinions and recommendations before acting or omitting to act based on any content.

3. License

3.1 The Modules are only licenced for use by teachers, professors, administrators, schools, school districts, or other educators (the “Educator”) and by their students under the direction of the Educator. If you are not an Educator, you may not use this program or learning modules.

3.2 Upon purchase of a module, calmversation grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to read, view and use the materials, forms and videos (the “Materials”) made available through the Modules for your own personal or classroom use. The Materials will be available to access on the Site and download for the licence period purchased (the “Licence Period”). Upon expiry of the Licence Period, your access to the Materials on the Site shall cease and you agree to cease using the Materials.

3.3 You may not at any time modify the Materials in any way or reproduce, post, publish or share the Materials on any other websites, forums, social media sites or other platforms.

3.4 calmversation reserves the right to terminate your licence to use the Modules at any time for any reason, including but not limited to your breach of these Terms.

4. User Content

4.1 The Site may allow users to post, link, share or otherwise make available certain text, graphics, videos or other materials (“User Content”). You are solely responsible for all User Content you post, including its legality, reliability and appropriateness according to these Terms.

4.2 By posting User Content on our Site, you represent and warrant that:

a) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms;

b) the postings of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person

c) calmversation reserves all rights to block or remove any User Content on or through the Site that we determine to be:

i) abusive, defamatory, or obscene;

ii) fraudulent, deceptive, or misleading;

iii) in violation of a copyright, trademark, or other intellectual property right of another;

iv) offensive or otherwise unacceptable, in our sole discretion.

d) By posting User Content, you grant calmversation the right and license to use, modify, publicly perform, display, reproduce and distribute such User Content on and through the Site. You retain any and all of your rights to any User Content you submit and are responsible for protecting those rights.

5. Payment Services

5.1 Purchases on the Site may be made via credit card. If you make a purchase from us on or through the Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us and/or our payment processing company.

5.2 Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. For more information regarding a payment processing company or merchant and its terms and conditions that may apply, visit that payment processing company’s or merchant’s website directly.

5.3 We are not responsible for the performance of any third party credit card processing or third party payment services.

6. Third Party Links

6.1 The Site may contain links to external third party websites. Organizations that are independent of calmversation maintain these sites. calmversation does not assume responsibility for the accuracy or appropriateness of information on linked sites. The provision of a link does not constitute an endorsement of an external organization. The use of third party websites is at your own risk and is subject to the terms of use of such websites. calmversation cannot control external websites that link to the Site. Such links do not indicate endorsement of those external websites or the organizations that operate them.

7. Prohibited Activities

7.1 We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.

7.2 You must not use the Site in any way that damages the Site or impairs its availability, or in any way which is unlawful, illegal, fraudulent, or harmful.

7.3 You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

7.4 You must not conduct any data collection activities – including scraping, data mining, data extraction, and data harvesting – on this Site.

7.5 You must not use this Site to send unsolicited commercial communications or for any purposes related to marketing without written permission from calmversation.

8. Disclaimers

8.1 The Site is provided on an “as is” and “as available” basis, and you acknowledge and agree that you use the Site at your own and sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.

8.2 Without limiting the generality of the foregoing, we make no guarantees in relation to the following:

a) the Site will meet your requirements or expectations;

b) the Site will be uninterrupted, timely, secure, or error-free;

c) the accuracy, quality or reliability of the Site;

d) any information you provide will not be disclosed to third parties; or

e) third parties will not use your confidential information in an unauthorized manner. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or any conduct or interactions between users of our Site.

9 Limitation of Liability

9.1 You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers shall be held responsible or liable in any way for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Site, the Modules, or any other information, products or materials that you request or receive through or on the Site, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

9.2 Without limiting the generality of the above, we assume no liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind arising from your use of the Site, the Modules, or any information, products or materials that you request or receive through or on the Site. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.

9.3 You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to use the Site. You acknowledge and agree that such provisions are reasonable and fair.

10. Privacy

10.1 Your privacy rights are outlined in the Site’s Privacy Policy. Please review the Privacy Policy to learn about what information calmversation may collect about you and what is done with that information.

11. No Advice

11.1 Any advice that may be provided on the Site is for informational purposes only and is not intended to replace or substitute the advice of a professional. calmversation makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.

12. Intellectual Property Rights

12.1 calmversation owns and retains all proprietary rights in the Site and any trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of calmversation. calmversation is also an authorized user of the Canadian trademark for calmversation™.

12.2 By accessing the Website and its Content or services, you agree that:

a) you will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site or the Modules;

b) you will not remove, obscure or otherwise alter any proprietary notices appearing on any content or Materials, including copyright, trademark and other intellectual property notices; and

c) you will not in any way at any time use, copy, adapt, imply or represent that our Site or the Modules are yours or are created by you.

12.3 Subject to Article 3, no licence is granted to you or any other party for the use of calmversation’s intellectual property or the Modules or Materials. No other rights of use or ownership are granted to you in the Site or the Modules or Materials.

13. Indemnity

13.1 You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

14. Assignment

14.1 calmversation may transfer or sub-contract rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under these Terms.

15. Breach of Terms of Use

15.1 If you breach these Terms in any way, calmversation may suspend and prohibit your access to the Site, block computers using your IP address from accessing the Site, contact your internet service provider to request that they block your access to the Site, and/or bring court proceedings against you.

16. Governing Law and Jurisdiction

16.1 These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada.

17. Miscellaneous

17.1 These Terms, together with our Privacy Policy, shall constitute the complete and exclusive agreement between you and calmversation with respect to and governing your use of the Site. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed from these Terms and all other provisions of the terms shall remain in full force and effect.

18. Contact

18.1 If you have any comments or questions about our Site or these Terms of Use, please contact us at admin@calmversation.com) govern your use of the https://calmversation.thinkific.com/ website (the “Site”), which is owned and operated by MissyJena Media Innovations Inc (on behalf of calmversation, “we”, “us”). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to be bound by any of the terms, please do not use this Site. calmversation has the right to revise at any time the Terms without providing notice. Check this page to ensure you are familiar with the current version of the Terms. Your continued use of the Site following the posting of any changes to the terms means you accept the changes.

2. The Modules

2.1 calmversation licenses the calmversation™ education modules (the “Modules”) from MissyJena Media Innovations Inc. (“MissyJena”). The Modules are discussion-based programs with games, activities, concept videos and worksheets to supplement K-12 education and promote respectful communication, creativity, problem solving and social emotional intelligence. Modules may include workshops presented in person or via webinar.

2.2 The contents of the Modules are provided to facilitate the peaceful exchange of thoughts and ideas in a classroom setting. The content within each Module is for informational purposes only. It is not intended for the content to be relied upon as professional or expert advice or opinions. You should make your own judgment on the applicability of the content to your needs or seek advice, opinions and recommendations before acting or omitting to act based on any content.

3. License

3.1 The Modules are only licenced for use by teachers, professors, administrators, schools, school districts, or other educators (the “Educator”) and by their students under the direction of the Educator. If you are not an Educator, you may not use the Modules.

3.2 Upon purchase of a module, calmversation grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to read, view and use the materials, forms and videos (the “Materials”) made available through the Modules for your own personal or classroom use. The Materials will be available to access on the Site and download for the licence period purchased (the “Licence Period”). Upon expiry of the Licence Period, your access to the Materials on the Site shall cease and you agree to cease using the Materials.

3.3 You may not at any time modify the Materials in any way or reproduce, post, publish or share the Materials on any other websites, forums, social media sites or other platforms.

3.4 calmversation reserves the right to terminate your licence to use the Modules at any time for any reason, including but not limited to your breach of these Terms.

4. User Content

4.1 The Site may allow users to post, link, share or otherwise make available certain text, graphics, videos or other materials (“User Content”). You are solely responsible for all User Content you post, including its legality, reliability and appropriateness according to these Terms.

4.2 By posting User Content on our Site, you represent and warrant that:

a) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms;

b) the postings of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person

c) calmversation reserves all rights to block or remove any User Content on or through the Site that we determine to be:

i) abusive, defamatory, or obscene;

ii) fraudulent, deceptive, or misleading;

iii) in violation of a copyright, trademark, or other intellectual property right of another;

iv) offensive or otherwise unacceptable, in our sole discretion.

d) By posting User Content, you grant calmversation the right and license to use, modify, publicly perform, display, reproduce and distribute such User Content on and through the Site. You retain any and all of your rights to any User Content you submit and are responsible for protecting those rights.

5. Payment Services

5.1 Purchases on the Site may be made via credit card. If you make a purchase from us on or through the Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us and/or our payment processing company.

5.2 Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. For more information regarding a payment processing company or merchant and its terms and conditions that may apply, visit that payment processing company’s or merchant’s website directly.

5.3 We are not responsible for the performance of any third party credit card processing or third party payment services.

6. Third Party Links

6.1 The Site may contain links to external third party websites. Organizations that are independent of calmversation maintain these sites. calmversation does not assume responsibility for the accuracy or appropriateness of information on linked sites. The provision of a link does not constitute an endorsement of an external organization. The use of third party websites is at your own risk and is subject to the terms of use of such websites. calmversation cannot control external websites that link to the Site. Such links do not indicate endorsement of those external websites or the organizations that operate them.

7. Prohibited Activities

7.1 We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.

7.2 You must not use the Site in any way that damages the Site or impairs its availability, or in any way which is unlawful, illegal, fraudulent, or harmful.

7.3 You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

7.4 You must not conduct any data collection activities – including scraping, data mining, data extraction, and data harvesting – on this Site.

7.5 You must not use this Site to send unsolicited commercial communications or for any purposes related to marketing without written permission from calmversation.

8. Disclaimers

8.1 The Site is provided on an “as is” and “as available” basis, and you acknowledge and agree that you use the Site at your own and sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.

8.2 Without limiting the generality of the foregoing, we make no guarantees in relation to the following:

a) the Site will meet your requirements or expectations;

b) the Site will be uninterrupted, timely, secure, or error-free;

c) the accuracy, quality or reliability of the Site;

d) any information you provide will not be disclosed to third parties; or

e) third parties will not use your confidential information in an unauthorized manner. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or any conduct or interactions between users of our Site.

9 Limitation of Liability

9.1 You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers shall be held responsible or liable in any way for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Site, the Modules, or any other information, products or materials that you request or receive through or on the Site, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

9.2 Without limiting the generality of the above, we assume no liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind arising from your use of the Site, the Modules, or any information, products or materials that you request or receive through or on the Site. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.

9.3 You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to use the Site. You acknowledge and agree that such provisions are reasonable and fair.

10. Privacy

10.1 Your privacy rights are outlined in the Site’s Privacy Policy. Please review the Privacy Policy to learn about what information calmversation may collect about you and what is done with that information.

11. No Advice

11.1 Any advice that may be provided on the Site is for informational purposes only and is not intended to replace or substitute the advice of a professional. calmversation makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.

12. Intellectual Property Rights

12.1 calmversation owns and retains all proprietary rights in the Site and any trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of calmversation. calmversation is also an authorized user of the Canadian trademark for calmversation™.

12.2 By accessing the Website and its Content or services, you agree that:

a) you will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site or the Modules;

b) you will not remove, obscure or otherwise alter any proprietary notices appearing on any content or Materials, including copyright, trademark and other intellectual property notices; and

c) you will not in any way at any time use, copy, adapt, imply or represent that our Site or the Modules are yours or are created by you.

12.3 Subject to Article 3, no licence is granted to you or any other party for the use of calmversation’s intellectual property or the Modules or Materials. No other rights of use or ownership are granted to you in the Site or the Modules or Materials.

13. Indemnity

13.1 You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

14. Assignment

14.1 calmversation may transfer or sub-contract rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under these Terms.

15. Breach of Terms of Use

15.1 If you breach these Terms in any way, calmversation may suspend and prohibit your access to the Site, block computers using your IP address from accessing the Site, contact your internet service provider to request that they block your access to the Site, and/or bring court proceedings against you.

16. Governing Law and Jurisdiction

16.1 These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada.

17. Miscellaneous

17.1 These Terms, together with our Privacy Policy, shall constitute the complete and exclusive agreement between you and calmversation with respect to and governing your use of the Site. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed from these Terms and all other provisions of the terms shall remain in full force and effect.

18. Contact

18.1 If you have any comments or questions about our Site or these Terms of Use, please contact us at hello@calmversation.com.