Fees

Fees are as listed on our Site and in CDN dollars. We reserve the right to change our Fees at any time and without notice. 

Refunds

We do not provide refunds. Any refunds issued will be in our sole discretion and determined on a case-by-case basis. 

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Ownership of Intellectual Property Rights
All content, resources, materials, Digital Products (as defined below), images, text, designs, graphics, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site and within our Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of our rights and of federal law.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site in any form or medium whatsoever except:

• your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;

• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

• in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

You are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site unless otherwise expressly set out in writing.

Linking to our Site and Social Media
Before you link to our website or social media, please ensure you are following our guidelines for doing so. If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).

You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.

Digital Product Licensing

When you purchase or access any of our digital products, including but not limited to any of our videos, workbooks, courses, services or other resources (collectively “Digital Products”), you are granted a limited, non-transferable, non-exclusive, revocable license for personal or internal business use only.
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For clarity, as part of your limited license:

You may:

• Access and use the product for your own personal or internal business use;

• Download or print materials for your use only.

You may not:

• Share, resell or distribute the Digital Products to others (including sharing your account logins with others to access the Digital Products;

• Copy or modify the product for redistribution;

• use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work;

• Claim the Digital Product or any variations as your own.

Right to Retire Services
We reserve the right to retire, discontinue, or withdraw any of our Services from sale at any time and for any reason, without notice and without liability. Retirement of a product does not affect your right to continue using the version you received, but we are under no obligation to provide updates, support, access to future versions, or continued availability of any platform or delivery mechanism associated with the product.

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We reserve the right to revoke your access to our Site and Services for any misuse or infringement and further reserve the right to take whatever legal steps are necessary to protect and enforce our Intellectual Property rights.

General

You understand that the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Account Security
You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately.

Use of Third-Party Applications

We use third-party platforms to deliver Services and process payments. Your data may be stored or processed by these third parties. Refer to our Privacy Policy for more details.

Confidentiality
Unless you have entered into a separate written agreement with us, we do not owe you any duty of confidentiality with respect to communications or materials you submit through this Site. Please do not share confidential or proprietary information through our Site. For clarity, nothing in this clause limits or affects our obligations with respect to your personal information as set out in our Privacy Policy.

USER CONTENT & COMMUNICATIONS

User Content & Communications
By submitting any content to us, including but not limited to comments, testimonials, feedback, images, photos, or other materials whether through a form, submission portal, contest, or direct communication, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and publish that content for the purposes of promoting and marketing our Services. This license does not apply to content passively collected through your general use of our Site, such as through cookies or tracking technologies.

You represent that you own or have the right to submit any content you provide to us and that it does not infringe the rights of any third party. We reserve the right to moderate or remove any submitted content at our discretion.

You agree not to submit content that is unlawful, defamatory, harmful, spam, misleading, or that infringes on the rights of others.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. Any claims arising from your misuse of our Site are subject to the indemnity obligations set out in the Limitation of Liability and Indemnity section of these Terms.

Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any of our Services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials made available to you.

Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or relating to our Services, you understand and agree that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or in relation to our Services. The testimonials, statements or opinions presented on our Site are the results of the individuals who provided them. Results or experiences of each individual may vary. The testimonials used on our Site do not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the 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, mental, emotional or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Earnings Disclaimer
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.

Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party contributor. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services 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 Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Use of Artificial Intelligence Disclaimer

We may use artificial intelligence technologies ("AI") to assist in the creation, editing, formatting, organization, or delivery of content, resources, communications, and other materials on our Site or through our Services, including AI-assisted text, graphics, images, audio, video, or automated responses. Where content is created or curated by us, it is reviewed prior to publication. Where content is generated or delivered dynamically or in real time, it is subject to our general content policies and this disclaimer and may not be individually reviewed prior to delivery. We assert all available intellectual property rights in our content and materials, including any human-authored, curated, selected, or arranged elements, to the fullest extent permitted by applicable law. Any AI-generated elements are used in accordance with the applicable platform terms and licenses.

Not Professional Advice

Your use of our Site does not mean we are providing our professional services to you.  You expressly acknowledge and agree that we are not acting in any professional capacity, including legal, health (including mental health), or otherwise during the course of any Service. No part of our Site, the Service or any related content or materials are to be construed as legal or health advice. You are solely responsible for any decisions or actions you take based on our content or materials, and we strongly encourage you to seek qualified professional advice specific to your situation and jurisdiction.

Online Store Disclaimer

All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL TWILIGHT COUNSELLING & CONSULTING, OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PART WEBSITES NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS $100.00.

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your use or misuse of our Site or Services; or (iii) your infringement or misuse of our Intellectual Property.

Affiliate Disclaimer
We may use affiliate links to sell certain products or services on our Site meaning that if you click on a link and purchase an item, we may receive an affiliate commission. In accordance with legal requirements, we will clearly disclose when affiliate links are used. We are not responsible for the quality, accuracy, or delivery of any third-party products or services purchased through affiliate links. You agree to assume all responsibility for your use of affiliate-linked products or services and to review the terms and conditions provided by the third party.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

You will not file any legal action against Erin Williams dba Twilight Counselling & Consulting in any forum without submitting a detailed description of your dispute or claim to us at info@twilightcc.ca ("Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.

Resolution Process

We shall have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with Erin Williams dba Twilight Counselling & Consulting. If we agree to mediation, the mediation will take place in British Columbia, Canada with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.

Litigation

If a dispute between you and Erin Williams dba Twilight Counselling & Consulting cannot be resolved informally or through mediation, litigation may be commenced in the courts of British Columbia, Canada. Each party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Jury and Class Action Waiver

YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.

Time Limitation

Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary. 

Injunctive Relief

Your breach of these Terms is likely to cause immediate and/or irreparable harm to Erin Williams dba Twilight Counselling & Consulting. As such, we may seek injunctive relief against you without the need to post bond.

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site.

Governing Law, Jurisdiction; Legal Fees
These Terms, as well as our Privacy Policy are governed by and interpreted in accordance with the laws of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Smithers, BC. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any dispute(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
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Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
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All Rights Reserved

We reserve the right to update and change these Terms at any time, and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and our Privacy Policy are expressly reserved by us.
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Contact
If you have any questions about these Terms, please send an email to: info@twilightcc.ca