TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using this Website.

The Website and its Content is owned by The Other Side of Average [TOSA] - Therapy for the Soul (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of https://theothersideofaverage.com (“Website”).

Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.

The T&C is governed by and construed in accordance with the laws of British Columbia, Canada.

Website Use and Consent

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this Website (“Content”) is the intellectual property of the Company.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

Intellectual Property Rights

We own all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website and its Content, including, without limitation, all written, audiovisual, or other materials and graphical elements on the Website. If you view, purchase or access our Website or any of its Content, you will

be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you purchase or access our Website or any of its Content, you agree that

You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft.

You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content.

You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content.

We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us and that this Website and its Content cannot be in a used manner that has not been authorized by us.

All rights not expressly granted in these terms or any express written license are reserved by us.

Payments, Exchanges and Refund Policy

Refunds will not be issued for any purchases made once payment is successfully processed. Any purchases that pertain to a specific start date or schedule, including but not limited to retreats, workshops, and courses, is valid only for the particular date or schedule specified at the time of purchase. Such purchases cannot be exchanged or otherwise applied to any alternative dates that may be offered.

Request for Permission to Use Content

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by sending an e-mail to become [at] theothersideofaverage.com.

You may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and only in the manner for which we have given you our written permission.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Website and its 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 this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of this Website or any of its Content.

Disclaimer

Our Website and its Content are for informational and educational purposes only. We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its 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 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. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Website participant or user, including you.

This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own physician, therapist, counselor, mental health practitioner, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, mental health provider, or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical, or nutrition therapy services, or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.

Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its 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 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 Website or its Content. You are solely responsible for your results.

Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content are uninterrupted and error-free. 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. We will not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to them becomes slow or incomplete due to any reason.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors, or omissions

provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Indemnification, Limitation of Liability, and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, 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 or related to our Website, it's Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication or 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, affiliates, or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its’ Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.

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 Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all 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.

Your Conduct

You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them 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 this Website and its Content and to us.

You agree to only purchase goods or 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 through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:

For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity

To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that otherwise may injure others

To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

To cause annoyance, inconvenience, or needless anxiety

To impersonate any third party or otherwise mislead as to the origin of your contributions

To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, 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 both us, the merchant, and our payment processing company. Please review our link privacy policy page here for how we comply with securing your personal data.

Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants 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. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release us, our affiliates, 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 through or use of our Website or its Content.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

Last Updated: February 2021