Terms of Service
Last Modified: January 10, 2022
The www.uglowgrl.com website, and all associated websites, magazines, books, publications, courses, pages and posts, (the “Website”, or “Site”, the URLs, links, or destinations of which may change from time to time) are owned and operated by UGLOWGRL, operated out of Red Deer, Alberta.
The Website is used as a support for women, offering encouragement and inspiration.
ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE
Through continued use, ENGAGEMENT, or viewership of the Website, PRINTED CONTENT, DIGITAL CONTENT, VIDEO CONTENT, COURSES, COACHING SERVICES, or OTHER PRODUCTS AND services OFFERED (the “Service”), you (“you”, “User”) agree to be bound by this Terms of Service AGREEMENT (“Agreement”) and the obligations and requirements set forth herein.
The Agreement constitutes a legal contract entered between UGLOWGRL (“we”, “us”, “our”) and User. The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Service and the conditions that may apply to your use of the Service. If the Agreement or any terms of the Agreement are unacceptable to you, you must cease using the Service immediately.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
MODIFICATIONS TO THE AGREEMENT AND SERVICE
We reserve the right, in our sole discretion, to revise and update this Agreement and any aspect of the Service from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The Site, assets, copy, information, and material may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is restricted to Users or unavailable at any time or for any period.
SAFE USE OF THE SERVICE
Users are responsible for obtaining their own access to the Service. Users are required to ensure that all persons who access the Service through a User's internet connection are aware and comply with this Agreement. The Service, including content or areas of the Website, may require registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to The Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on The Website.
Your provision of registration information, any submissions you make to the Site through any feature or functionality including applications, purchase portals, viewing portals, e-mail, other web pages, social media, and any other interactive functions, each constitute your consent to all actions we take with respect to such information consistent with our Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.
You are prohibited from attempting to circumvent and from violating the security of the Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting The Website’s owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service (DOS) attack, distributed denial-of-service (DDOS) attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Service.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
UGLOWGRL grants you a limited license to access and make personal use of this site, subject to this Agreement. Users are not permitted to modify copies of any materials from the Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You must not access or use for any commercial purposes any part of the Service or materials made available through the Site. Any unauthorized use terminates the license granted by UGLOWGRL.
Without limiting the foregoing, the Service, including all proprietary content provided on this Site, in our printed material, and through third parties, is owned by or licensed by UGLOWGRL and protected by Canadian and international copyright laws. UGLOWGRL and its licensors retain all proprietary rights to the content. The content may not be reproduced, transmitted, or distributed without the prior written consent of UGLOWGRL.
This Service and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of UGLOWGRL. You may only use the Service for your personal and non-commercial use, unless you have entered into a specific agreement with us for certain limited business purposes. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, in any form or medium whatsoever, except your computer or browser may temporarily store or cache copies of materials being accessed and viewed.
You understand and agree that the Service and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
UGLOWGRL, and all related names, logos, product and service names, designs, images, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Service are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
If you print, copy, download, transmit or distribute any part of our Service in breach of this Agreement, your right to use the Service and/or limited license to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials or content you have made. You have no right, title, or interest in or to the Service or to any materials or content on the Service, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
USER PERMISSIONS AND RESTRICTIONS
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. The following restrictions apply to your use of the Service. You are not allowed to:
a) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any content except as expressly authorized by the Service or with prior written permission from us and, if applicable, the respective rights holders;
b) circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of content or (b) limit the use of the Service or content;
c) access the Service using any automated means (such as robots, botnets or scrapers) except in the case of public search engines or with our prior written permission;
d) collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;
e) use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; or
f) use the Service other than for personal, non-commercial use, unless you have entered into a specific agreement with us for certain limited business purposes.
USER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Service or UGLOWGRL on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of the Service (collectively “User Submissions”) shall be and remain the property of UGLOWGRL. User Submissions shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the User Submissions. Thus, we will own exclusively all such rights, titles, and interests, and shall not be limited in any way in the use, commercial or otherwise, of any User Submissions. We are and shall be under no obligation to (1) maintain any User Submissions in confidence; (2) compensate any user for any User Submissions submitted; or (3) respond to any User Submissions.
You agree that no User Submissions submitted by you to us will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no User Submission submitted by you will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Submission you make.
SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
We have the right, without provision of notice to:
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Terminate or suspend your access to all or part of the Service for any or no reason, including, without limitation, any violation of this Agreement. If your account is temporarily or permanently deactivated or suspended, you may not use the Service under a different Account or reregister under a new account without our prior written consent.
YOU WAIVE AND HOLD HARMLESS UGLOWGRL AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
NO RELIANCE ON CONTENT OR WEBSITE
The Service, including print content offered in our physical print materials, and digital content offered on our website, is provided for entertainment and/or education purposes only and should not be relied upon as business, legal, personal, relationship, marital, medical, or financial advice. You should obtain specific or professional advice before taking, or refraining from taking, any action, legal or otherwise, on the basis of our content. Many factors unknown to us may impact the applicability of any content to your particular circumstances and any use of such content is at your own risk. The content is not intended to be a substitute for professional advice. Always seek professional advice with any specific questions you may have. You should not disregard professional advice or delay in seeking it because of something contained in the Service.
By showcasing certain content in the Service, including advertisements, this does not constitute our endorsement for any such content or advertisements.
All information provided by us is done so in good faith. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. We take no responsibility for continuously updating this site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Although we make reasonable efforts to update and maintain our content and any other information or content on the Website, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete, reliable, or up-to-date. Your use of the Service and the content is at your own risk and neither us nor our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Service.
The Service may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials or user submissions do not necessarily reflect our opinion. Neither us, nor our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
PRIVACY & COOKIES
By submitting your personal information and using the Service, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy.
By using the Service, you are consenting to the use of cookies and other tracking technologies which are placed for marketing and data analysis purposes and to optimize performance. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Service may not function adequately. For more information on these automated information gathering practices, see our Privacy Policy.
The Services are intended for Canadian Users. By using the Service, you give us full and express consent to collect and use data within the purposes and limits prescribed by our Privacy Policy, and to place cookies, pixels or other tracking technologies within the purposes and limits prescribed by our Privacy Policy. You must immediately stop using the Service if use of the Service as it is offered by us is prohibited under your local regulations.
THIRD-PARTY WEBSITES, APPS, AND LINKS
For your convenience, The Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from The Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
In some instances, our content, including our digital materials, may be displayed in third-party content aggregators, apps, marketplaces, or other places where content is displayed. User is bound by the terms of those third-party locations, and UGLOWGRL assumes no risk for and is not responsible for User in those locations.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the terms and conditions in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
MAIL LIST ACCEPTANCE
By using the Service, and providing personal information including your email address, User grants us full and express consent to add User to our mailing list, and to use third party mail distribution software, for the purposes of sending updates, news, offers, sales, product information and other relevant marketing information (“Commercial Electronic Messages”) to User. User agrees that providing your email address to us shall be considered express consent for receiving Commercial Electronic Messages.
PRICING & ONLINE PURCHASES
All orders, purchases, or transactions for the sale of goods or services made using this Website are subject to any other terms and conditions of sale or agreements provided. Throughout the Service, user may see prices listed for products or services, which are subject to change, at our sole discretion. Unless listed otherwise, prices are not inclusive of GST. We reserve the right to monetize content that was previously offered for free, at our sole discretion, and to make content exclusive to only paid customers or subscribers.
GEOGRAPHIC RESTRICTIONS
The owner of the Service is based in Alberta, Canada. We provide full access to the Service for use for persons located in Canada. The Service is not intended for use in any jurisdiction where its use is not permitted and may be limited or restricted entirely if the User rejects any term of this Agreement, or of our Privacy Policy or Cookies Policy. If you access the Service from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. For Users located in jurisdictions with differing privacy and security laws, including Users from Quebec, California, and Europe, you must stop using the Service immediately if the Service is not compliant with your local laws and regulations.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND IS OR ATTAINED THROUGH THE WEBSITE OR SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER US NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION ON LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless UGLOWGRL, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement or your use of the Website, including, but not limited to, third-party sites, any user submissions, and any use of the Service or our Content, services, and products other than as expressly authorized in these Terms and Conditions.
GOVERNING LAW AND CHOICE OF FORUM
The Service and this Agreement will be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule in any jurisdiction and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to the Service and under this Agreement will be instituted in the courts of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
ASSIGNMENT
UGLOWGRL shall have the right to transfer or assign its rights and obligations pursuant to this Agreement to any other person, firm, or corporation, and upon such assignment shall be relieved of its obligations to User.
SEVERABILITY
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
ENTIRE AGREEMENT
This Agreement and our Privacy Policy and Cookies Policy and other specific agreements entered into between you and UGLOWGRL, constitute the sole and entire agreement between you and UGLOWGRL regarding the use and access of the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
REPORTING AND CONTACT
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to us. All complaints, feedback, comments, requests for technical support, and communications relating to the Website should be directed to uglowgrl2@gmail.com.