TLB CREATIONS INC. (operating as Tammy Brimner)

TERMS OF USE 

The following Terms of Enrollment govern your participation in programs presented by TLB Creations Inc., operating as Tammy Brimner (collectively, “Tammy Brimner” or “we”) and offered at Tammy Brimner (the “Site”). Please read these Terms of Enrollment carefully. By visiting and using the Site and/or enrolling for services (collectively, the “Programs”) you agree that your use of the Programs, participation in the Programs, and use of any Program materials provided by Tammy Brimner (the “Program Materials”) is governed by the following terms and conditions, together with our Privacy Policy. 

The Program is delivered virtually and in person and includes customized consulting and coaching and photography. 

1. Modifications

We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online. Changes to these Terms will be effective as of the date we post them. Your continued use of the Program will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Program.

We may modify, add to, suspend, or discontinue the Program or certain features of the Program, or remove any content from the Site at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Program is subject to these Terms.

2. Membership and Fees 

All costs associated with the Program are as outlined on the Site. Once you have booked a coaching session, you will be asked to sign a coaching agreement (the “Agreement”). Tammy Brimner has a no refund policy except as specifically set out in the Agreement.

3. Disclaimer/Limitation of Liability 

The disclaimers in this section apply to the maximum extent allowable under applicable law.

You are solely responsible for your use of the Program and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or any coach. You are solely responsible for ensuring that your use of the Program is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Program.

The Program is provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. Tammy Brimner does not warrant that: (a) the Program will be secure or available at any particular time or location; (b) the Program will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Program is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Program or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Program or any Content is solely at your own risk.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TAMMY BRIMNER, ITS SUBSIDIARY AND PARENT COMPANIES, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR PROGRAM, OR THIRD-PARTY MATERIALS, PRODUCTS, OR PROGRAM MADE AVAILABLE THROUGH THE PROGRAM OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PROGRAM, ANY MATERIALS, PRODUCTS, OR PROGRAM ON THE PROGRAM, OR WITH ANY OF THE PROGRAM'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND THE PRODUCTS, PROGRAM AND/OR MATERIALS. 

THIS PROGRAM IS CONTINUALLY UNDER DEVELOPMENT AND TAMMY BRIMNER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. 

4. Content 

a. Your Content. In the event that you post content on the Site or any social media accounts affiliated with the site (collectively, “Your Content”), we do not acquire ownership of Your Content, but by posting Your Content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute Your Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. Any feedback, comments, or suggestions you may provide regarding the Program is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any of Your Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If Your Content contains your personal information, your right to access that personal information is governed by our Privacy Policy.

b. Our Content. The Site, our social media accounts and Program also contain content posted and owned by us (collectively, “Tammy Brimner Content”). We and our licensors retain all right, title and interest in and to such Tammy Brimner Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, Tammy Brimner grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any Tammy Brimner Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Tammy Brimner Content or Program without our prior written permission, regardless of whether it is created or owned by Tammy Brimner or a licensor to Tammy Brimner.

c. Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the Site are Trademarks of Tammy Brimner and its third-party licensors. Display or use of any Trademarks on the Site or in the Program shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of Tammy Brimner or such third-party. You also agree not to use our trade dress or copy the look and feel of the Site or its design.

d. Disclosure of Content. We reserve the right to access, read, preserve, and disclose any content or information in accordance with our Privacy Policy.

5. Links to Third-Party Websites

The Site may direct you to third-party websites that are not owned or maintained by Tammy Brimner. We are not responsible for your use of such third-party sites, and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such sites. The inclusion of any such link to a third-party site does not imply any association between us and their operators. Your use of any third-party sites is governed by the terms of such third-party sites and not by these Terms.

6. Code of Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Program. In connection with your use of the Program, you agree that you will not:

a. Violate any local, state, provincial, national, or other law or regulation, or any order of a court.

b. Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Program, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Site or Program.

c. Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Site or Program or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.

d. Use the Program to transmit, distribute, post, or submit any confidential information concerning any other person or entity.

e. Stalk or harass, interfere with, or disrupt the access of any user of the Program, or collect or store any personally identifiable information about any other user without explicit consent from the user.

f. Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.

g. Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.

h. Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.

i. Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Program, or which may affect our reputation in any way.

7. Indemnification

You agree to indemnify, defend and hold harmless Tammy Brimner, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Program, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. Tammy Brimner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tammy Brimner, and you agree to cooperate with Tammy Brimner’s defense of these claims. Tammy Brimner will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

8. Dispute Resolution 

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration by a single arbitrator, in Vancouver, British Columbia, to be resolved in accordance with the laws of British Columbia, Canada. 

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.