- WORDS YOU NEED TO UNDERSTAND
“Agreement” or “contract” means all of the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of our Site, Services and Content.
“Company”, “we”, “us” or “me” means Business With Sarah™.
“Content” means video content on a subscription basis for viewing during a limited period of time during a subscription period (“Basic Content”) or additional Content for viewing over a limited period of time ("Additional Content").
“Devices” means certain internet connected televisions, computers and other devices.
“Services” mean any paid service, including but not limited to Content and all features and functionalities, recommendations and reviews, the Site, user interfaces and software associated with our services
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Content or any other information accessed or purchased through Site and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
- HOW YOU MAY USE OUR SITE, SERVICES AND CONTENT
You are agreeing that you will not use our Site, Services and Content in any way that causes or is likely to cause the Site, Services and Content or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Site, Services and Content for lawful purposes only.
Your MYM MEMBERSHIP membership will continue until terminated. To use the MYM MEMBERSHIP service you must have Internet access and aN MYM MEMBERSHIP ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
We may offer eligible customers various trials or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, at our sole discretion, to determine your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
- MEMBERSHIP, BILLING AND PAYMENTS
Your MYM MEMBERSHIP membership will continue until terminated. To use the MYM MEMBERSHIP service you must have Internet access and a Device, and provide us with one or more Payment Methods. The MYM MEMBERSHIP is available on any device that can access the internet. APP USE is currently only available for iOS. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method.
We may offer a number of membership plans including access to Basic Content and Additional Content, special promotional plans, or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
We may offer eligible customers various trials or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, at our sole discretion, to determine your eligibility. Trial members may at any time choose not to continue to a paid membership at the end of the trial period.
The membership fee for the MYM MEMBERSHIP service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated to you when you signed up for the Services. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
Authorization and Permission.
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Site, Services, and Content, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal or Stripe invoice, you are required to manually pay it by the date due on the invoice, or the Services and permissions to view our Content will be put on hold and suspended until payment is made.
You agree to only purchase the Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Site, Services, and Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you
provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
Chargeback Threats, Reversal of Payment, Payment Cancellations, and Actual Chargebacks
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Company.
All information obtained during your purchase or transaction for our Site, Services and Content, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Site, Services and Content, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Site, Services and Content.
- REFUND POLICY
Your satisfaction with your Site, Services and Content is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Site, Services and Content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Site, Services and Content, and no refunds will be provided to you at any time. By using and/or purchasing any of our Site, Services and Content, you understand and agree that all sales are final and no refunds will be provided.
- CONFIDENTIALITY AND PRIVACY
You have the right to cancel a subscription or membership service you can do so from your private user profile. If you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Cycle.
We reserve the right in our sole discretion to refuse or terminate your access to our Site, Services and Content, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration.
If you cancel or if your account is otherwise terminated under this Agreement you will not receive a credit, including for partially used periods of Service.
- INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
Our Site, Services and Content are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Site, Services and Content in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
If you purchase or access our Site, Services and Content, you will be considered our Licensee. You are granted a revocable, non transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Site, Content or Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Site, Services and Content in the following manner:
You may view Content for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any part of our Site or Content, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Content and Services or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
As a Licensee, you understand and acknowledge that our Site, Services and Content have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you use or purchase our Site, Content and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
(a) You will not copy, share or steal our Site, Services and Content or any parts of them.
(b) You will not in any way use, copy, adapt or represent any of our Site, Services and Content or their content in any way as if they are yours or created by you.
(c) You will not engage in the Improper and/or Unauthorized Use of our Site, Services and Content. (d) You will not duplicate, share, trade, sell, or otherwise distribute our Site, Services and Content to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Content for their own personal, business or commercial use. This means you cannot share or sell any part of our Site, Services and Content to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Site, Services and Content.
(e) You will not violate our intellectual property rights, including copyright and trademark rights by using our Site, Services and Content for publication or compilation into your own Site, Services and Content for your own personal, business or commercial use or in any way that earns you money.
(f) You will not use our Site, Services and Content in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
(g) You may not engage in Improper and/or Unauthorized Use of our Content or any other information related to our Site and Services.
Your Licence to Us.
By posting or submitting any material on or through our Site, Services and Content such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
(a) When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Site, Services and Content, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Site, Services and Content. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
(b) You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Site, Services and Content in our sole discretion, at any time for any reason whatsoever.
Request from You for Permission to Use Content We Have Created and Shared with You
Any request for written permission to use our Site, Services and Content in whole or in part, or any other intellectual property or property belonging to us should be made IN WRITING – BEFORE YOU WISH TO USE IT. To ask for our permission, please contact us at the email address provided on the last page of these Terms and Conditions.
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Site, Services and Content.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Site, Services and Content, 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 distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other user, including you.
Legal and Financial Disclaimer.
Our Site, Services and Content are not to be perceived OR relied upon in any way as business, financial or legal advice. The information provided through our Site, Services and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site, Services and Content. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your usage of this Service or use of our Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Site, Services and Content, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Site, Services and Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our Site, Services and Content. You agree that our Site, Services and Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, 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 Site, Services and Content 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 Site or Services, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Site, Services and Content is uninterrupted and error-free, including our content and communications. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Site, Services and Content become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site, Services and Content
inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Site, Services and Content. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Site, Services and Content. These links are provided for your convenience and the inclusion of any link in our Site, Services and Content to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Site, Services and Content. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Site, Services and Content, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Site, Services and Content. You are solely responsible for your actions, decisions and results based on the use, misuse or non use of our Site, Services and Content.
- INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Limitation of Liability.
We will not be held responsible or liable in any way for the information that you request or receive through or on our Site, Services and Content. We do not assume 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, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Site, Services and Content, or in any way. In the event that you use our Site, Services and Content or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Site, Services and Content, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
- DISPUTE RESOLUTION
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with Services and Content. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
By purchasing and using our Site, Services and Content, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Site, Services and Content. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
Time shall be of the essence in all respects of the Agreement.