The Hayle Co. Terms and Conditions

 

Last updated: June 29, 2020

 

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.thehayleco website (the “Service”) operated by The Hayle Co. (“us”, “we”, or “our”).

 

NOTICE: These terms and conditions of use are legally binding. It is your responsibility to read these terms and conditions of use carefully prior to purchase, use or access of any of our products, including online courses.

 

GENERAL PROVISIONS

 

This website is owned and operated by SHELBY HAYLE and THE HAYLE CO, a ONTARIO company. Our principal place of business is located at STRATFORD, ON.

 

CONSENT

  

Please read these Terms and Conditions carefully before using the Service. By using our website, you hereby consent to our Terms and Conditions of Use. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

 

PURCHASES

 

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

By submitting such information, you grant us the right to provide the information to third parties (PAYPAL AND STRIPE) for purposes of facilitating the completion of Purchases.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

 

TERMS OF ANY PURCHASE MADE FROM THIS SITE

 

All programs, products and services are owned and provided by SHELBY HAYLE and THE HAYLE CO. (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 

 

You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at info@thehayleco.com and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

 

YOUR PRODUCT OR COURSE USE AND CONSENT

 

When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use. 

 

FINANCIAL CONSIDERATIONS

 

1. REFUNDS

 

We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. 

 

2. CHARGEBACKS

 

You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute. 

 

3. MODIFICATIONS TO THE SERVICE, OFFERINGS, AND COURSE PRICES 

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECURITY AND ASSUMPTION OF RISK

 

We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as STRIPE or PAYPAL By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

 

ASSUMPTION OF RISK

 

By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

 

INTELLECTUAL PROPERTY

 

The Service and all content in the site, including but not limited to images, text, designs, graphics, trademarks and service marks are the property of The Hayle Co. and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with The Hayle Co. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of The Hayle Co.  or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

 

You may NOT use our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third party website including social media.

 

ONLINE COURSE INTELLECTUAL PROPERTY

 

Limited license. Any and all materials, paid or free, that You access on this or any related domains that contain our Offering are under the sole ownership or licensed use of SHELBY HAYLE and THE HAYLE CO. You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole. 

 

You May: 

 

- Access the Offering for your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member) 

 

- Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)

 

- Use our copyrighted materials with Our consent and proper credit and marking, namely, citing SHELBY HAYLE and THE HAYLE CO. as the source of the materials

 

You May Not: 

 

- Re-sell or trade Your access to the Offering 

 

- Share the Offering with anyone else who has not yet purchased it or opted in to receive it 

 

- Reprint or republish any of the Offering, in part or in whole 

 

- Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing 

 

- Reproduce and tweak any part or whole of the Offering for distribution as your own work 

 

- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials) 

 

- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

 

OTHER PROHIBITED USES OF CONTENT AND OFFERINGS

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

REQUEST FOR PERMISSION TO USE CONTENT

 

If you wish to use, publish or access any of our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email us at info@thehayleco.com.

 

REVOCATION OF ACCESS

  

You have the unilateral right to terminate your use and access to any of Our Offering(s). Please send an email to info@thehayleco.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.  

 

CIVIL AND CRIMINAL PENALTIES

 

Even though our Offerings are not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in ONTARIO by opting into or purchasing any Offering or accessing its related communications and/or materials.

 

ACCOUNTS

 

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

NOTIFICATION OF USE

 

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.

 

1. YOUR MATERIALS AND CONTRIBUTIONS

 

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that we use to distribute Our Offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose your participation in the same. You must own the copyright to any image(s) You use by default or voluntarily on our platforms or in our Offering or related materials. You grant Us a commercial license to any image(s) you submit to Us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.  

  

2. YOUR COMMUNICATIONS

 

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by CANADA law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

 

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

 

DISCLAIMERS

 

The Hayle Co. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

 

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

 

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

 

1. EARNINGS DISCLAIMER

 

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s). 

 

2. GENERAL DISCLAIMER 

 

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any 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, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice. 

 

3. THIRD PARTY DISCLAIMER

 

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. 

  

4. WARRANTIES DISCLAIMER

 

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

 

5. TECHNOLOGY DISCLAIMER

 

We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as STRIPE and PAYPAL. 

 

EXCLUSIONS

 

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

 

GOVERNING LAW

 

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

 

ERRORS AND OMISSIONS

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

AFFILIATES

 

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

 

CHANGES TO THE TERMS

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

TERMINATION

 

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

 

INDEMNIFICATION

 

You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of related to our Offering(s).

 

LIMITATION OF LIABILITY

 

The Hayle Co., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

ENTIRE AGREEMENT

 

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy.  If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SEVERABILITY

 

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

LAW AND JURISDICTION

 

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with CANADA law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of ONTARIO, CANADA.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONSENT

  

By using our website, you hereby consent to our Terms and Conditions of Use.

 

ALL RIGHTS RESERVED

 

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company. Thank you.

 

CONTACT

 

If you require any more information or have any questions about our Terms and Conditions of website use or our Privacy Policy, please feel free to contact us by email at info@thehayleco.com.