Terms of Use & Disclaimer

Disclaimer
Terms of Use
Public Disclaimer and Terms of Use
Subscription Terms And Conditions

PLEASE READ THESE TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms of Use and Disclaimer govern and apply to your use of or reliance upon this website maintained by Up A Notch Learning Inc. (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms of Use and Disclaimer and any other applicable laws, statutes and/or regulations. We may change these Terms of Use and Disclaimer at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms of Use and Disclaimer.

DISCLAIMER

1. THIS SITE DOES NOT PROVIDE ANY LEGAL ADVICE

It is the intent of Up A Notch Learning Inc. (“Up A Notch Learning”) to operate products through this Website consistent with the work of Stephanie Dobson. However, Up A Notch Learning is not a lawyer. To the extent that any information is provided through this Website, it is for general informational purposes only and is not intended to constitute or substitute for (a) legal advice (b) counseling and does not create a lawyer-client relationship. It is intended that the products sold by Up A Notch Learning Inc. are to be used in addition to the legal process of divorce, to enhance and to further deepen your experience so that you are equipped with the tools to thrive. You should always consult legal advice during your process. You should not use the information on this Website as a self-help guide to the exclusion of legal advice. You should always speak with your lawyer before taking any steps in your divorce.

TERMS OF USE

1. AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

2. INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

3. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

4. USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.

5. ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

6. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

7. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

8. SHIPPING/DELIVERY/RETURN POLICY

You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

Up A Notch Learning Inc.
4104 – 50 Avenue
Lloydminster, Alberta T9V 0V8
Canada

If you are unhappy with anything you have purchased on our Website, you may do the following:

Customers may contact the company by email to membership@upanotchlearning.com within 7 days of purchase for a full refund.

9. AFFILIATE MARKETING & ADVERTISING

We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

10. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Up A Notch Learning Inc.

You further agree not to use and/or access the Website:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group;

h) To unlawfully gather information about others.

11. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for the following period of time: indefinitely. After that time, all information about you will be deleted.

12. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

13. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

14. INDEMNIFICATION

You defend and indemnify Up A Notch Learning Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms of Use, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

15. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

16. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

17. VARIATION

To the extent any part or sub-part of these Terms of Use is held ineffective or invalid by any court of law, the prior, effective version of these Terms of Use be considered enforceable and valid to the fullest extent.

18. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

19. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms of Use. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

20. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

21. PRIVACY

In addition to these Terms of Use, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, which you may find at the following address: https://membership.upanotchlearning.com/privacy-policy/.

By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

22. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Up A Notch Learning Inc. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Up A Notch Learning Inc. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Public Disclaimer and Terms of Use

DISCLAIMER – This Site Does Not Provide Any Legal Advice

It is the intent of Up A Notch Learning Inc. (“UANL”) to operate products through this Website (https://upanotchlearning.com) (the “Public Website”) and through its e-learning platform by subscription to divorce professionals (https://membership.upanotchlearning.com) (the “Subscription Website”) (collectively, the “Entire Content”) consistent with the work of Stephanie Dobson. However, UANL is not a lawyer. To the extent that any information is provided through the Entire Content, it is for general informational purposes only and is not intended to constitute or substitute for legal advice or counseling, and does not create a lawyer-client relationship. It is intended that the products sold and provided by UANL are to be used in addition to the legal process of divorce. You should always consult legal advice during your process. You should not use the information of the Entire Content as a self-help guide to the exclusion of legal advice. You should always speak with your lawyer before taking any steps in your divorce.

2. Age Restriction

You must be at least eighteen (18) years of age to use the Entire Content. Your access or use of the Entire Content indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

3. Intellectual Property

All intellectual property on the Public Website and the Subscription Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

4. No Warranties

Your use of the Entire Content is at your sole and exclusive risk and any services provided by UANL are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Entire Content will meet your needs or that the Entire Content will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any of the Entire Content. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Entire Content is your sole responsibility and we are not liable for any such damage or loss.

5. Use Of Company Materials

We may provide you with certain information as a result of your use of the Entire Content including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Entire Content. The Entire Content may not be used for any other purpose than the use of the Public Website and the Entire Content offered through this website. Nothing in these Terms be interpreted as granting any license of intellectual property rights to you.

6. Spam Policy

You are strictly prohibited from using any of the Entire Content for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

7. Third-Party Links & Content

8. Privacy

In addition to these Terms, UANL has a Privacy Policy that describes how your personal data is collected and how cookies are used on the public-facing website https://upanotchlearning.com.

By using or browsing the Public Website and using the Subscription Content, you also acknowledge that you have read and accept the terms of our Privacy Policy.

9. Maintenance of the System

UANL is entitled to make operational changes to the system for improvements or otherwise (for example by developing or updating software) without giving the user prior notice. In some exceptional circumstances, it may be necessary to suspend access to some or all of the Entire Content, usually between 9pm and 6am MST, without notice.

10. Service Interruptions

We may need to interrupt your access to the Entire Content to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Entire Content may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime

11. Liability of UANL

To the extent permitted by law, UANL disclaims all warranties with respect to use of the Entire Content, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.

UANL shall not be liable to any user of the Entire Content or any third-party for any indirect, punitive or other damages or losses. UANL’s liability will be limited and capped to a total aggregate amount of the value of payments made by the user for the period of 12 months before the occurrence of the incident giving rise to the liability.

12. Indemnification

You defend and indemnify UANL and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Entire Content, your breach of these Terms, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

13. Variation

To the extent any part of this Public Disclaimer and Terms of Use (the “Terms”) is held ineffective or invalid by any court of law, the prior, effective version of these Terms be considered enforceable and valid to the fullest extent.

14. Entire Agreement

The Agreement contain the entire agreement between the user and UANL and supersede all previous correspondence or communications whether written or oral. UANL may amend these Terms as required from time to time without notice, provided that the updated terms are posted on the Public Website.

15. Disputes

These Terms shall be governed by and construed in accordance with the laws of Canada.

16. Contact

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

Up A Notch Learning Inc.
Attention: Stephanie L. Dobson
4104 – 50 Avenue
Lloydminster, Alberta T9V 0V8
Canada
Email: membership@upanotchlearning.com
Phone: 1+780-872.4087 (Canada)

Subscription Terms And Conditions

1. Scope And Use Of The Subscription

Up A Notch Learning Inc. (“UANL”) subscription grants the legal entity that has taken out the subscription (the “Customer”) the right to use UANL’s e-learning platform located at https://membership.upanotchlearning.com for its clients and members of its firm (the “Services”). The Services may only be used by clients of the Customer and by members of the Customer’s firm (collectively, the “User”). All Users must be age 18 or older to access the e-learning platform, as the Content (defined below) is not designed for children.

2. Acceptance Of The Subscription

UANL subscription terms are agreed by the Customer by clicking the “agree” button (the “Terms”). The Terms will represent the agreement (the “Agreement”) between the Customer and UANL (the “Parties”).

3. Duration And Termination Of The Subscription

The subscription runs from the date of purchase, and automatically renews monthly unless terminated by the Customer. The minimum subscription period is six (6) months.

Subscriptions may be terminated by email to membership@upanotchlearning.com, 30 days before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.

The Customer may terminate any subscription free of charge within seven (7) days from date of purchase, provided that the Customer did not start using the Services. UANL shall (without prejudice to any other rights or remedies it may have) be allowed to terminate the subscription immediately without giving the Customer prior notice if the Services or subscription is misused (including, but not limited to, use by people other than the Customer’s clients or members of the Customer’s firm).

In the event of UANL terminating its business, the Agreement will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.

4. Intellectual Property

All intellectual property on the public website (https://upanotchlearning.com) (the “Public Website”) or inside the e-learning platform (https://membership.upanotchlearning.com) (the “Subscription Content”) is owned by UANL (collectively, “the Entire Content”), which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by UANL. The Entire Content, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of UANL. All rights reserved. Nothing in these Terms may be interpreted as granting any license of intellectual property rights to you.

5. No Warranties

6. Unauthorized Use of Customer’s Account

You are solely responsible for your account (username and password) (the “Account”) and the confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission (Users or otherwise);
You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account; and
You agree to provide true, current, accurate and complete information as to how you are disseminating your Account information to clients, as requested by us from time to time and you agree to promptly notify us of any changes to your Account information as required to keep such information held by us current, complete and accurate.
7. Acceptable Use of Service

You agree not to use the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Services in any way that could damage the content, the services or the general business of UANL.

You further agree not to use and/or access the Services:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of UANL or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group; or
h) To unlawfully gather information about others.

8. Privacy

In addition to these Terms, UANL has a Privacy Policy and a Public Disclaimer that describes how your personal data is collected and how cookies are used on the public-facing website https://upanotchlearning.com.

By using or browsing the Public Website, you also acknowledge that you have read and accept the terms of our Privacy Policy and Public Disclaimer.

9. Price And Payment Terms

The subscription price is based on the number of family lawyers and mediators in the Customer’s firm. The Customer agrees to provide notice to UANL in the event that the number of family lawyers and mediators changes so that the pricing may be reviewed. In the event that the subscription price is changed, UANL shall provide 30 days notice of such price adjustment.

If the subscription is not paid at the due date, access to the Services may be blocked until receipt of payment.

When you make a purchase from UANL, you agree to provide a valid instrument to make a payment. Your total price may include taxes, and fees, all of which you are responsible for.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. UANL will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.

10. Maintenance of the System

UANL is entitled to make operational changes to the system for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some exceptional circumstances, it may be necessary to suspend access to the Services, usually between 9pm and 6am MST, without notice.

11. Rights

The Entire Content remains the full property of UANL. The rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.

12. Liability of UANL

To the extent permitted by law, UANL disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.

UANL shall not be liable to the Customer or any third-party for any indirect, punitive or other damages or losses. UANL’s liability will be limited and capped to a total aggregate amount of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability.

13. Marketing

UANL shall be entitled to refer to the Customer name and logo and the Services provided in its marketing collateral. Material on the website, flyers, presentations, outreach and any material displayed publicly are considered marketing collateral for the purpose of this clause.

The Customer may refer to UANL in its marketing material as a service offered by UANL, brought to the Customer’s clientele by the Customer.

14. Protection of Privacy

Through your use of the Services and your subscription to UANL, you may provide us with certain information. By doing so, you authorize us to use your information in Canada and any other country where UANL may operate.

When you subscribe, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use the UANL Services, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

If you choose to terminate your account, we will store information about you indefinitely.

15. Data Loss

We are not responsible for the security of your Account or the Content. Your use of the Content is at your own risk.

16. Indemnification

You defend and indemnify UANL and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Content, your breach of these Terms, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

17. Variation

To the extent any part of these Terms is held ineffective or invalid by any court of law, the prior, effective version of these Terms be considered enforceable and valid to the fullest extent.

18. Entire Agreement

The Agreement contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. UANL may amend these Terms as required from time to time without notice, provided that the updated terms are posted on the Public Website of such amendments and all such amendments will apply to the next renewal of the subscription.

19. Force Majeure

Except to the extent provided in this Agreement, UANL shall not be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by a force majeure, and provided the non-performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and could not reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means.

‘Force Majeure Event’ means an event, or a series of related events, that is outside the reasonable control of the party affected.

20. Disputes

These Terms shall be governed by and construed in accordance with the laws of Canada.

21. Contact

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

Up A Notch Learning Inc.
Attention: Stephanie L. Dobson
4104 – 50 Avenue
Lloydminster, Alberta T9V 0V8
Canada
Email: membership@upanotchlearning.com
Phone: 1+780-872.4087 (Canada)