Terms and Conditions

TERMS AND CONDITIONS FOR AGREEMENTS WITH

CHRISTEL K.A. SEEBERGER PROFESSIONAL CORPORATION,

DOING BUSINESS AS TOTAL ABILITY AND TOTAL ABILITY SOLUTIONS

(the “Corporation”)

1. The Contract.  The purchase and sale of any material(s) on this website is subject to the following terms and conditions.  Upon your agreement to purchase any materials(s) on this website, you are accepting and agreeing to be bound by the terms and conditions contained herein, which along with the price stated on the website in relation to any particular material or materials, shall be construed together, constitute one agreement and be referred to herein as the “Contract”.  The parties to the Contract are you and the Corporation.  Under the Contract, the Corporation will provide you with the material(s) selected for purchased on the website, in exchange for which you shall pay the Corporation the monies listed in on the website as being the cost(s) of such material(s), plus any applicable taxes.

1. Non-Payment.  Your acquisition and/or use of any of the material(s) acquired from this website is conditional upon the payment of the price(s) stipulated on the website, plus any applicable taxes.  In the event that payment made via this website is not valid for any reason, you agree that you shall cease any use of any of the material(s), and you agree that you shall be responsible to ensure that any such material(s) are destroyed, or returned to the Corporation at your cost, and shall not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner by any person.

1. Use of Materials / Ownership of Intellectual Property.  The material(s) purchased from the Corporation are for your use only, and may not be shall not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner by any person without the express written consent of the Corporation.  The Corporation shall at all times retain ownership of all intellectual property rights, whether registered or otherwise, in any of the material(s) acquired from the Corporation or contained on the website of the Corporation.  In the event you purchase material(s) from the Corporation, you may have a limited, non-commercial, personal licence to print and download portions of material(s) from the Corporation’s website solely for your own limited, non-commercial, personal use; you covenant not to change or delete any copyright or proprietary notices from any portion of the materials.

1. Disclaimer / No Liability.  The material(s) purchased from the Corporation may contain recommendations and/or information which are provided for informational purposes only.  The material(s) purchased from the Corporation should not be relied upon exclusively without the advice of a health care professional.  You agree that you are solely responsible for any and all costs, damages or liabilities resulting from any person(s) reliance upon the material(s) acquired from Corporation, and indemnify the Corporation, its officers, directors and shareholders, from any losses, damages, all manner of actions, causes of actions, suits, debts, duties, bonds, covenants, contracts, claims and demands stemming from the reliance of any person upon the material(s) acquired from the Corporation.  The Corporation as well as any of its directors, officers, employees, independent contractors or agents shall not be responsible for any costs, liabilities or damages whatsoever which result from the use of any of the materials acquired from the Corporation.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

1. Entire Agreement.  The Contract constitutes the entire agreement between you and the Corporation with respect to the material(s) purchased by you from the Corporation, and the Contract supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral.  There are no conditions, covenants, agreements, representations, warranties or other provisions, expressed or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as provided in the Contract.  Any additional or inconsistent terms provided in any other documents or communications (whether in the form of a commercial offer in any medium, or any other communication whatsoever) will not have any legally binding effect.

 

6. Successors and Assigns.  The Contract shall enure to the benefit of and be binding upon you and the Corporation as well as each party’s respective heirs, executors, administrators, successors and assigns.

 

1. Severability.  If any provision in the Contract is determined by a Court of competent jurisdiction to be unenforceable or invalid for any reason whatsoever, such occurrence shall not affect the enforceability or validity of the remaining portions of the Contract and such unenforceable or invalid provision shall be severed from the remainder of the Contract.

 

1. Time.  Time shall be of the essence of the Contract.

 

1. Amendments.  The Contract may not be amended by an oral agreement, at any time, between you and any representative of the Corporation.  Any amendment to the Contract, including: (a) the revocation of any provision of the Contract, (b) the termination of the Contract, (c) any variation or revision of any provision of the Contract, or (d) the waiver of any right(s), or any portion thereof, under the Contract must be in writing, and must be signed and duly executed by both you and the Corporation.

 

1. Assignment. The Contract, including any rights or causes of action arising under or as a result of the Contract, may not be assigned by you to any other party without the written consent of the Corporation, which may be unreasonably withheld.  The Corporation may assign the Contract, including any rights or causes of action arising under or as a result of the Contract, without your consent; the Corporation shall notify you of any assignment of the rights of the Corporation under the Contract.

 

1. Currency.  All monetary amounts referred to in the Contract shall refer to the lawful money of Canada.

 

1. Governing Law.  The Contract shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada.

 

1. Notices.  Any notices to the Corporation relating to the Contract should be sent by email to service@totalabilitysolutions.com.  Any notices to you relating to the Contract will be sent to the contact details you provided to the Corporation via the website pursuant to the Contract.

 

14. Product Delivery.  Our digital products are delivered instantly via email to your email inbox. On rare occasions an email can get delayed or missed, or it can end up in your junk folder.  You are responsible for checking your junk folder to ensure any correspondence from the Corporation is not in a junk folder, and you are responsible for taking any steps necessary to ensure emails send and received between you and the Corporation are done so successfully.  If you do not receive an email containing the product download links within one (1) an hour after placing your order, please contact the Corporation and it will send you fresh download links.

 

15. Refunds/Exchanges.  There are not any refunds or exchanges. Due to the nature of the products I sell, refunds will not be issued to consumers based on satisfaction of the features. I have tried to provide enough documentation and working demonstration of the products. If you feel that a demonstration does not answer your question or provide you with the information that you need, please don’t hesitate to contact me.  All sales are final, I do not offer exchanges on our products. Please make sure to verify your order before you place it.

 

16. Provisions to Survive Contract.  Paragraphs 3 and 4 of these terms and conditions, listed above, shall survive the termination or completion of the Contract.

 

17. Changes to Terms and Conditions.  Changes to the terms and conditions government contracts with the Corporation shall be made by the Corporation from time to time, in its sole discretion, without direct notification to you.  It is your responsibility to ensure you check for changes in our terms of service and terms and conditions.  The version of terms and conditions applicable to the Contract shall be the version posted on the website of the Corporation as of the date the Contract was entered into.