Terms of Use

These Terms of Use for our Courses, Products and Services state how you may use our Courses, Products and Services, and Course Materials.

Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By purchasing or using any of our Courses, Products, and Services or Course Materials, now or in the future, you are agreeing immediately upon said purchase to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Courses, Products and Services or Course Materials.

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 any of our Courses, Products and Services, or Course Materials.

“Company”, “we”, “us” or “me” means MSW Helper and/or Michelle Bruxer.

 “Courses, Products and Services” mean any paid course or service, group course or course including but not limited to a mastermind, e-course, downloadable information product, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Courses, Products, and Services may be delivered in ways including but not limited to in-person, phone, Zoom, Skype, webinars, Facebook Live Videos, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group courses including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings.

“Course Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Courses, Products and Services.

“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each purchaser, client and user (including you) of any of our Courses, Products and Services, as amended from time to time by us in our sole discretion, without notice to you.

“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 Course Materials or any other information accessed or purchased through our Courses, Products 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 COURSES, PRODUCTS AND SERVICES AND COURSE MATERIALS

You consent to use our Courses, Products and Services and Course Materials as described in the following paragraphs, which collectively are referred to as the “Terms of Use”.

By purchasing or using any of our Courses, Products and Services and Course Materials, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, purchasing or using our Courses, Products and Services and Course Materials, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.

All of our Courses, Products and Services and Course Materials are intended solely for persons who are 18 years of age or older. Any registration by, use of, or access to any Courses, Products and Services and Course Materials by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms of Use. By purchasing or using any Courses, Products and Services and Course Materials, you represent and warrant that you are at least 18 years of age.        

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You.

Our Courses, Products and Services, and Course Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Courses, Products and Services, and Course Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.

The content in our Courses, Products and Services, and Course Materials is solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to: the design, layout, look, appearance, graphics of our Courses, Products and Services, and Course Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

You are being granted a limited license to use our Course, Products and Services and Course Materials with permission and restrictions. This means that when you purchase a Course, Product or Service from us, you are purchasing the limited right to use the Course Materials with certain conditions as specified in these Terms of Use.

You may download and/or print Course Materials for your personal use.

Any trademarks, taglines, and logos displayed on our Course Materials are trademarks belonging to us. All trademarks reproduced on our website, of which we do not own or hold a licence, are acknowledged on our website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted in these Terms of Use.

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 Course, Product and Service titles 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.

 All rights not expressly granted in these paragraphs in these Terms of Use or in any written licence, are reserved by us.

Information You Must Not Share with Others.

As a Licensee, you understand and acknowledge that our Courses, Products and Services and Course Materials 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 enroll in or purchase any of our Courses, Products 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 Courses, Products and Services, or Course Materials or any parts of them.

(b)   You will not in any way use, copy, adapt or represent any of our Courses, Products and Services, or Course Materials 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 Courses, Products and Services.

(d)   You will not duplicate, share, trade, sell, or otherwise distribute our Courses, Products and Services, or Course Materials 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 Course Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Courses, Products and Services or Course Materials 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 Courses, Products and Services, and Course Materials.

(e)    You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Courses, Products and Services, or Course Materials for publication or compilation into your own Products, Courses, Services or Course Materials for your own personal, business or commercial use or in any way that earns you money.

(f)    You will not use our Courses, Products and Services, or Course Materials 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 Course Materials or any other information related to our Courses, Products and Services.

Your Licence to Us.

By posting or submitting any material on or through our Courses, Products and Services or Course Materials 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 Courses, Products and Services and Course Materials, 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 Website, Courses, Products and Services and/or Course Materials. 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 Courses, Products and Services and/or Course Materials in our sole discretion, at any time for any reason whatsoever.

Media Release.

By participating in our Courses, Products and Services, and using our Course Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Courses, Products and Services, or Course Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Personal Responsibility and Assumption of Risk.

You agree that you are using your own judgement in using our Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Courses, Products and Services and Course Materials.

Results  Disclaimer.

You acknowledge that we have not and do not make any representations as to the results on your graduate school application that may be derived as a result of your participation in this course, product, Services or use of our Course Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Earnings Disclaimer.

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 participation in this course, product, Services or use of our Course Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Technology Disclaimer.

We try to ensure that the availability and delivery of our Courses, Products and Services and Course Materials is uninterrupted and error-free, including our content and communications through methods like our website, member forum, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoom calls, webinars, recorded webinars, teleseminars, recorded teleseminars, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. 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 Courses, Products and Services and Course Materials 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 Courses, Products and Services and Course Materials inaccessible to you.

Warranties Disclaimer.

We make no warranties as to our Courses, Products and Services and Course Materials. You agree that our Courses, Products and Services and Course Materials 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 Courses, Products and Services and Course Materials 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 our course, product or Services, Course Materials or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Force Majeure.

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, epidemics or other public health emergencies, 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 or resources maintained by third parties that may take you outside of our Courses, Products and Services and Course Materials. These links are provided for your convenience and the inclusion of any link in our Courses, Products and Services and Course Materials 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 Courses, Products and Services and Course Materials. 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.

By purchasing and/or using our Courses, Products and Services and Course Materials in any way or for any reason, you also implicitly agree to our full disclaimer which is contained in these Terms of Use, and which may be found on our website.

INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

Indemnification.

You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, 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 on a solicitor client basis, arising out of or related to our Courses, Products and Services and Course Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us, to the full extent permitted by applicable law.

Limitation of Liability.

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 Courses, Products and Services and Course Materials. 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 Courses, Products and Services and Course Materials, or in any way. In the event that you use our Courses, Products and Services and Course Materials 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 Courses, Products and Services and Course Materials, 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.

Your Conduct.

You are agreeing that you will not use our Courses, Products and Services and Course Materials in any way that causes or is likely to cause the Courses, Products and Services and Course Materials 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 Courses, Products and Services and Course Materials for lawful purposes only.

Communication Guidelines.

If you have a question or concern about your Courses, Products and Services, Course Materials or Copy, you may contact us by email at the email address provided on the last page of these Terms of Use and we will do our best to reply to your question or
concern.

PURCHASES AND ONLINE COMMERCE

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 Courses, Products and Services and Course Materials, without any additional authorization, for which you will receive an electronic receipt.

You agree to only purchase our Courses, Products and 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 Courses, Products and Services and Course Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Payments.

If you fail to make payment in a timely manner in accordance with these Terms of Use, or if you voluntarily decide to withdraw from our Courses, Products and Services and Course Materials Services at any time or for any reason whatsoever, you still will remain fully responsible for the entire cost of the Courses, Products and Services and Course Materials.

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.

CHARGEBACK THREATS, REVERSAL OF PAYMENT, PAYMENT CANCELLATIONS, AND ACTUAL CHARGEBACKS

Since we have a clear and explicit refund policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Courses, Products and Services and Course Materials, you agree that any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, PayPal, financial institution, or any other payment service will constitute a breach of these Terms of Use on your part.

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 Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials.

REFUND POLICY

Your satisfaction with your Courses, Products and Services and Course Materials is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Courses, Products and Services and Course Materials, 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 Courses, Products and Services and Course Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Courses, Products and Services and Course Materials, you understand and agree that all sales are final upon signing the contract, and that our fee is fully payable at that time, and no refunds will be provided.

DISCOUNT CODE POLICY

MSW Helper offers select discounts for returning customers only. Discount codes are only eligible if they were provided directly by MSW Helper to the customer. Discount codes are not to be shared with other parties, and if a discount code is used in bad faith, MSW Helper reserves the right to cancel the order. (For example, if a code is used by a new customer who did not get the code directly from MSW Helper) MSW Helper reserves the right to eliminate discount codes altogether.

CONFIDENTIALITY AND PRIVACY

Our Privacy Policy forms part of these Terms of Use and may be found here.

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. 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 Courses, Products and Services or Course Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.

Governing Law.

These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada and you agree to submit to the exclusive jurisdiction of the courts of Ontario for any disputes arising out of this agreement.

Survival.

These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will survive the termination of our agreement by either you or by us.

ENTIRE AGREEMENT

These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Courses, Products and Services or Course Materials which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.

SEVERABILITY

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.

CONTACTING US

Whenever a provision in these Terms of Use state that you are to contact us in writing or if you have any questions about any provisions in these Terms of Use, we ask that you send an email to info@mswhelper.com