Create The Love Course Terms of Use

We deeply believe in our work and offerings, and have seen so many people transform their lives as a result of diving in and committing to themselves and the process. We put our hearts and souls into creating this content for you, and into creating safe online spaces for our community to gather and heal together. In order to protect our content and our users, we have created the following terms of use. 

Hello and Welcome

  1. Welcome to Mark Groves’ website, located at http://mark-groves.mykajabi.com/ (the “Site). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Site as either a guest or a registered user, you signify your consent to these Terms of Use (the “Terms”). If you do not agree to these Terms, as well as the Kajabi privacy policy (the “Privacy Policy”) and disclaimer (the “Disclaimer”) you must not use the Site or our services.
  2. Your access to and use of the Site and the use of the services provided thereon, as well as all related websites and services operated by MARK GROVES CONSULTING INC. (”MGC") – hereafter interchangeably referred to in the first-person as “us,” “we,” “our,” is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept the Terms  without limitation or qualification.

Age of Majority

  1. This Site is intended for users over the age of majority in your jurisdiction. By using this Site, you represent and warrant that you are of legal age to form a binding contract with MGC and meet all eligibility requirements. If are not at or above the age of majority in your region, you must not access this Site.

Access and Security

  1. This Site may be inaccessible from time to time as the result of maintenance, hardware or software issues, or any other reason. We may restrict access by users, including registered users, to some or all of the Site. We further reserve the right to suspend the services provided on this Site and/or alter or amend the material provided herein in our sole discretion and without notice.
  2. Access to some areas of the Site or contained services may require registration and/or login information. You agree that all of the information you provide on the Site is current, correct, and complete. As stated above, you hereby agree that all the collection, storage and use of personal information provided to MGC and the Site, including but not limited to your registration information and any interactive features on the Site is governed by Kajabi’s Privacy Policy, and you consent to all actions taken by MGC or its duly appointed representative(s) consistent with said Privacy Policy.
  3. Once registered, your chosen or assigned user name, password any other access credentials relating to security procedures must be treated as confidential, and you must not disclose it to any other individual or entity. Your account is for your personal use and without explicit written permission from MGC or its duly appointed representative(s) you agree not to allow access to the Site or any portion of it by any other person using your login credentials. You further agree to notify us immediately of any unauthorized access to or use of your credentials or any other known breach of security.
  4. We retain the right to disable any user account, whether created by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to, violations of any provision of these Terms.

Use of Intellectual Property

  1. You acknowledge and agree that the Site itself, and all content, videos, course materials, products, services and/or other materials made available on the Site by us or other third parties, as well as the look and formatting of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by MGC, and are the property of MGC and/or its third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text and any and all other materials included in the Site. Subject to your compliance with these Terms, and additional paywalls on content, MGC hereby grants you a limited, non-exclusive, non transferable and non-sublicensable license to access, view, and use the Site solely for your personal use. No MGC Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by MGC.  Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of MGC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of MGC.
  2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of MGC and/or a supplier to MGC. No such materials may be used except as provided in these Terms.
  3. All trade names, trademarks, and images and biographical information of people used in MGC Content and contained in the Site, including without limitation the name and trademark CreateTheLove, Create The Love, Mark Groves, and CTLC are either the property of, or used with permission by, MGC. The use of Content by you is strictly prohibited unless specifically permitted by these Terms. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of MGC and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of MGC or third party owner. MGC respects the copyright, trademark and all other intellectual property rights of others.

Paid Content

  1. MGC may provide content on the Site that is for sale or otherwise paywalled. Pending successful payment, MGC grants you a limited, personal, non-exclusive, non-transferable license to use said content for your own personal use. Except as otherwise explicitly provided you acknowledge and agree that you have been granted no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or re-sell any of the materials paid for on this Site.

Disclaimer

  1. The information contained on this Site and the resources accessible through it (the “Information”) are intended for educational and informational purposes only. The Information on this Site is not intended to, and shall not be understood or construed to be legal, financial, tax, medical, health, therapeutic or any other professional advice.
  2. While MGC uses reasonable efforts to include accurate and up-to-date information in the Site, MGC makes no warranties or representations as to its accuracy. MGC assumes no liability or responsibility for any errors or omissions in the content of the Site.
  3. MGC also makes no guarantees about the results of taking any action, recommended by this Site or any service offered thereon. MGC provides educational and informative resources intended to help users improve their lives. You must, however, recognize that your ultimate success or failure hinges on your own efforts, individual situation and numerous additional factors beyond the control of MGC or any of its affiliates. Furthermore, prior results are not guarantees of future ones. MGC will not be held responsible if you are unable to achieve what any other person may have achieved through the Site or its resources.

 Communication

  1. It is mutually advantageous for us to be able to send you electronic communication regarding your account and our services. When you register with MGC and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from MGC. You consent to receive notices electronically by way of transmitting the notice to you by email to the address provided when creating your account. Such communications may contain proprietary information, and should be treated as confidential by you, the end user.
  2. In some cases MGC may permit you to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, in violation of privacy or publicity rights, infringing of intellectual property or privacy rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. MGC reserves the right (but not the obligation) to remove or edit such content. It is recommended that you do not post your contact information.

 

  1. If you submit comments, communications or other content, including, but not limited to, suggestions about the Site in any medium whatsoever, you grant MGC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, and display such information or other content throughout the world in any media. You grant MGC and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MGC for all claims resulting from information or other content you supply. MGC takes no responsibility and assumes no liability for any information or other content posted by you or any third party.

Security and Privacy

  1. MGC is a British Columbian corporation, and is governed by both federal and provincial privacy legislation. Your use of the Site is therefore also subject to Canadian privacy law and MGC’s Privacy Policy, which governs your use of the Website and informs users as to what data is collected, how it is used, and how it is stored. Agreement of the Privacy Policy is included in your agreement to these Terms. The full text of the applicable Kajabi Privacy Policy can be read here <insert hyperlink to Privacy Policy page: https://mark-groves.mykajabi.com/pages/privacy-policy>, and should be read prior to your acceptance of these Terms and use of this Site.
  2. MGC shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. Always be careful about giving out personally identifying information about yourself when communicating on any areas of the site accessible by other members or the public.
  3. MGC will not intentionally disclose any personally identifying information about you to third parties, except where MGC, in good faith, believes such disclosure is necessary to comply with the law, or enforce these Terms, or when absolutely necessary to provide particular services on the Site, such as payment processing services. By using the Site, you signify your acceptance of the Kajabi Privacy Policy, [https://mark-groves.mykajabi.com/pages/privacy-policy>].
  4. If you do not agree with this Privacy Policy, in whole or part, your sole remedy is to refrain from using this Site.

Links to Third Party Websites and Services

  1. We may provide links to other online sources. These linked websites may or may not be of affiliated companies and/or other businesses or informational websites, and the inclusion of a link should not be assumed to be an endorsement by MGC. MGC is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. MGC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
  2. There may be software programs and technology contained within, or available through, the Site, that have been licensed to us by third parties (collectively “Third Party Software”). Any Third Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software on the Site. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third Party Software contained in the Service. MGC does not assume any responsibility or liability for your use of such Third Party Software.

Liability

  1. NEITHER MGC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MGC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. MGC LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR MGC’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, MGC CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. MGC DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. MGC SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
  2. MGC SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. MGC RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER MGC IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. MGC ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD MGC DETERMINE THAT YOU HAVE VIOLATED THESE TERMS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF MGC. MGC RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR MGC’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. MGC RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER MGC IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. MGC MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH MGC’S REFUND POLICY. MGC SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO MGC’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
  3. IN NO EVENT SHALL MGC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MGC HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  4. You agree to indemnify and hold MGC and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that MGC may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. MGC reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide MGC with such cooperation as is reasonably requested by MGC.
  5. The provisions of these Terms are for the benefit of MGC, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Arbitration

  1. All disputes or questions touching on these Terms or any act, deed or omission or the rights, duties or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator in accordance with and subject to the provisions of the Arbitration Act of British Columbia and amendments or replacements thereto. The place of arbitration shall be the City of Vancouver, Province of British Columbia.
  2. These Terms shall in all respects be governed and construed in accordance with the laws of the Province of British Columbia, Canada applicable to contracts entered into and fully performed therein, and the applicable sections of the Copyright Act and any other applicable copyright law. [Subject to the arbitration clause immediately preceding this paragraph,] only the British Columbia courts (Provincial and Federal) shall have jurisdiction over controversies regarding this Agreement and the parties consent to the same. Any proceeding involving such a controversy shall be brought in those courts, in the City of Vancouver.

Currency

  1. These Terms may be revised from time to time by updating the language contained on this page at our sole discretion without notice. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.

Last Updated: October 4, 2019

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