Terms of Use

These Terms of Use state how you may use our Services.

This is a binding legal agreement between us and you. 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 using any of our Services, now or in the future, you are agreeing immediately 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 or our Privacy Policy, which is incorporated by reference into these Terms of Use, please do not use our Services. 

Words You Need to Understand

“Agreement” or “Contract” means all of the documents which you and the Company have signed.

“you” means any purchaser, client and/or user of any of our Services.

“Company”, “we”, “us” or “me” means FXO Consulting Inc.

“Site” means the platform we offer at our website (https://www.fxoconsulting.com).

“Services” includes any service we provide, client software, content and use of this Site. Services may be delivered in several ways including but not limited to in-person, phone, Zoom, Skype or otherwise in a variety of settings such as individual consulting and process calls.

“Resources” means any information or resources provided by us to you through third party links.

“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each client and user (including you) for any of our 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 information accessed through our 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 SERVICES

“”By using any of our Services, 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 or using our Services, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use. We may change or revise any aspect of these Terms of Use or the Services from time to time in our sole discretion, with or without notice to you. You are bound by any revisions to the Terms of Use and should periodically visit this page to review the then-current Terms of Use. Your access and use of the Services will be subject to the most current version of the Terms of Use. Your use of the Services after such revised Terms of Use are made available will signify your acceptance of such revised Terms of Use and your agreement to be bound by them. If you do not agree with the revised Terms of Use, please do not use the Services. 

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you”, “user” or “your” shall refer to such entity. If you do not have such authority, you must not use the Services on behalf of such entity.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You.

The content in our Services, including, but not limited to, all associated software, code, algorithms, protocols, layout, look, appearance, text, graphics, content, layouts, designs and interfaces, are owned or licensed and operated by us. Your use of the Services is governed by intellectual property laws, including without limitation, copyright and trademark laws.

If you access any of our Services, you will be considered our licensee. All Services obtained through us are solely and completely our property, and you are granted a non-exclusive, limited, revocable, non-transferable license for personal, non-commercial use of the Services. This means you may not use our Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. 

Your unauthorized use of the Services or the contents of the Services may violate applicable laws, and we reserve all rights to pursue any remedy we may choose.

Copyright

Reproduction of the Services is prohibited other than in accordance with the following reproduction policy (the “Reproduction Policy”):

You may download and/or print the content in our Services for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any content in the Services for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money from our Services unless you receive written permission to do so.

Trademarks

Any trademarks, taglines, and logos displayed on our Services are trademarks belonging to us. All trademarks reproduced on our Site, of which we do not own or hold a licence, are acknowledged on our Site. 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 program, 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 Services 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 Services, you agree that, apart from in accordance with the Reproduction Policy, you are expressly prohibited from doing any of the following acts:

• You will not copy, share or steal our Services or any parts of them.
• You will not in any way use, copy, adapt or represent any of our Services or the content in any way as if they are yours or created by you.
• You will not engage in the Improper and/or Unauthorized Use of our Services.
• You will not duplicate, share, trade, sell, or otherwise distribute our Services 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 or that their intention was to use the content for their own personal, business or commercial use. This means you cannot share or sell any part of our Services 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 Services.
• You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Services for publication or compilation into your own Services for your own personal, business or commercial use or in any way that earns you money.
• You will not use our Services in a manner that constitutes an infringement of our rights or that we have not first approved in writing.

Request from You for Permission to Use Content We Have Created and Shared with You

Any request for written permission to use our Services in whole or in part, or any other intellectual property or property belonging to us should be made in writing – before you wish to use it. To ask for our permission, please contact us at the email address provided on the last page of these Terms of Use.

If you are granted permission by us, you agree to use the specific content that we allow and only in the ways for which we have given you our written permission.

SERVICES SECURITY RULES

You may be required to establish an account in order to use certain parts of the Services. You are responsible for maintaining the security of your username and password and will be responsible for all activity on your account. Do not share this information with any person. 

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Services, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; or (d) engaging in “screen scraping,” or “database scraping”. Violations of any system or network security may result in civil or criminal liability. 

You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.  

We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER

Limitation of Liability

To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, 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 distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, 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 program, service or participant or user, including you. 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 Services. In the event that you use our Services 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.

Warranties Disclaimer.

We make no warranties as to our Services. You agree that our Services are provided “as is”and without warranties of any kind either express or implied. To the fullest extent permissible in law and in equity, we make no warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Services to you. We do not warrant that the Services will be functional, uninterrupted, correct, complete, accurate, timely, appropriate, or error-free, that defects will be corrected, or that any part of the Site content is 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 Services or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

In accessing the Services you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access the Services in respect of any such potential risks.

Testimonial Disclaimer.

From time to time, we may present real world experiences, testimonials and insights about other people’s experiences with our Services for purposes of illustration only. The testimonials, examples and photos used are of actual clients and individuals who can speak to the quality of our Services. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

The testimonials on this Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the clients, except for the correction of grammar or typing errors. Some testimonials may have been shortened where the full testimonial contained information not relevant to the general public.

Technology Disclaimer.

We try to ensure that the availability and delivery of our Services is uninterrupted and error-free, including our content and communications through methods like our Site, email communications 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 Services become unavailable or access to them becomes slower or 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 Services inaccessible to you.

Earnings Disclaimer 

You agree that we have not made any guarantees about the results of taking any action, whether recommended through the Services or not. There is no guarantee that the Services will allow you to earn any money or achieve your desired outcomes. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and/or knowledge. When we present revenue and sales figures on our Site and our other channels, we may showcase exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings.

Personal Responsibility and Assumption of Risk

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

Errors and Omissions.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Resources; Links to Other Websites.

We may provide Resources, including links and pointers to other websites maintained by third parties, that may take you outside of our Services. These third party websites are not governed by the Terms of Use but by other policies that may differ from the Terms of Use. These Resources are provided for your convenience and the inclusion of any link in our Services to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We may receive an affiliate commission when you purchase from other websites maintained by third parties. We assume no responsibility for errors or omissions caused by other websites that may be included in our Services. We make no representations or warranties regarding, and do not endorse, any third party platform or any content on such platform. We have no control over the content 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.

We prohibit third parties from producing materials which contain links to our Services or framing of content contained within our Services without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized links or framing. We have no responsibility or liability for any material that may contain links to the Services.

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 your use of our Services, 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 fullest extent permitted by applicable law. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

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 Services, 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 Services in any way that causes or is likely to cause the Services 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 Services for lawful purposes only.

Communication Guidelines

If you have a question or concern about the Services, 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

Products and Services

We continually upgrade and revise our products to provide you with new products and services. We may revise, discontinue or modify any products and/or services at any time. Unless we tell you otherwise, the products and services on our Site are available only to residents of the Canada. The information on the Site is only aimed at these residents and, unless we tell you otherwise, we will not accept orders or applications from anyone else.

Use of Credit Card 

If you wish to purchase any product or service made available through our Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date and security code of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. All information provided in connection with transactions is dealt with in accordance with our Privacy Policy.

Standard Purchases

Upon completing the applicable form associated with the purchase of the product(s) that you have added to your shopping cart, and upon providing the requisite registration data, the credit card that you provided on the form will be charged the applicable purchase price for the product(s), plus applicable shipping fees and sales tax.

Pricing & Currency 

All prices shown on our Site are in Canadian Dollars. 

PRIVACY

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

TERMINATION

You have the right to terminate your use of our Services at any time by contacting us in writing, including by e-mail.

We reserve the right in our sole discretion to refuse or terminate your access to our Services, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Services, including but not limited to our Site, private forum, email communications, Zoom calls, or conference calls, recordings of any such communications, or any other method of communications related to our Services at any time without notice and in our sole discretion.

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 pandemics, power outages, riots, fire, flood, explosion, governmental controls or regulations, 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.

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 until the resolution of the dispute including but not limited to on social media, either directly or indirectly, designed to disparage us, or any of our Services. 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 Agreements shall be construed and interpreted according to the laws and regulations of the province of Ontario and the laws of Canada applicable therein. Any action relating to the Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.  

SURVIVAL

These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, warranties, limitations of liability, indemnities, 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 Services 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 provision in the Agreement is 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.

RELATIONSHIP

You acknowledge and agree that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Use or by your use of the Services. Your use of our Site – including implementation of any suggestions set out in our Site and/or use of any resources available on this Site – does not create a professional-client relationship between you and us. The information obtained on our Site is not intended as, and shall not be understood or construed as, professional advice.

ASSIGNMENT 

These Terms of Use and any rights, licenses and privileges granted by these Terms of Use, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction and without notice to you.

WAIVER

If you do not comply with these Terms of Use, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future).

NOTICES

When you contact us or register for an account, you consent to receive communications from us electronically related to your account and your use of the Services. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements to the fullest extent permitted by applicable law.

INTERPRETATION

These Terms of Use shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms of Use into paragraphs or other subdivisions and the insertion of headings are for ease of reference only and shall not govern the meaning or interpretation of any provision of these Terms of Use.

TIME

Time shall be of the essence in all respects of the Agreement.

Contacting Us

Whenever a provision in these Terms of Use state that you are to contact us in writing, we ask that you send an email to contactus@fxoconsulting.com

If you have any questions about any provisions in these Terms of Use, please contact us.

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