Terms of Use and Service

The terms and conditions contained in this agreement, as they may be updated or amended from time to time (the “Terms”), apply to you effective when you access or visit www.evewahn.com and/or Eve’s social media platforms, engage with Eve Wahn and/or purchase any of Eve’s services, products or other offerings, and, subject to any other written agreement between you and Eve Wahn, constitute our agreement regarding your access to and use from time to time of the Website and Services, as those terms are defined herein.

Please read these Terms.  By accessing or using the Website, information, resources, services, products and/or tools from time to time or over time, you understand, agree, and accept and agree to adhere to them.

The term “Website” includes all web pages at www.evewahn.com and the social media platforms that are in the name of Eve Wahn linked to www.evewahn.com.  Each visitor and all persons accessing the Website, and/or accessing content or communications on the Website or from Eve Wahn in connection with the Services, are defined herein as “you” or the “user”.

1.          Services

The Website includes a description of the products and services offered by Eve Wahn, her blog, and other information, resources and tools, products, content, media, offerings, campaigns and promotions, along with links to her social media platforms (all of which are referred to in these Terms as the “Services”).

Eve Wahn reserves the right to amend, change, alter or delete media, information or other material from the Website, including these Terms and the Services at any time, and the access thereto by users from time to time in her sole and complete discretion and without notice.

You understand and agree that use of this Website and the Services are entirely at your discretion, and on an “as is” basis.

By your use of this Website, you acknowledge and agree that it is your responsibility to review these Terms for changes and amendments from time to time and that your continued use of the Website or Services constitutes your agreement to such amendments.

2.          Use and Access

For all Users:

a.     You are responsible for any and all content posted, uploaded, downloaded, emailed, or transmitted by you.

b.     Any content, communication or material that you contribute to, post or share on the Website, including but not limited to data, media, materials, communications, questions, comments and suggestions, are and shall or shall be deemed to be non-confidential and non-proprietary.  You hereby grant Eve Wahn a worldwide, royalty-free and non-exclusive license to use such content for any purpose whatsoever, including, but not limited to, reproduction, disclosure, publication, transmission, publication, broadcasting, translation, further posting, distribution, modification, adaption, performance, display, or other use, whether in whole or in part, and the incorporation of such content into other works in any arrangement, mode or medium whatsoever.  Eve Wahn has and shall have no obligation whatsoever to attribute, compensate or reimburse you or any other person for or in connection with the use of any content you upload or post to the Website.

c.     At all times you agree to refrain from i) impersonating others, or making comments about others and other users in what you may consider a joking manner, and ii) uploading, posting, emailing or transmitting any unlawful, threatening, intimidating, libelous, fraudulent, deceptive, defamatory, abusive, obscene, harassing, inflammatory, pornographic, degrading, hateful, racist or profane material of any like, kind or nature, or any material that could constitute or encourage conduct suggestive of the above, or that may cause harm to another, is or is likely to be or cause a criminal offense, would give rise to civil liability, or would otherwise violate the law.

d.     In addition to the above, you agree to:

      i.         upload, post, email or transmit only content that you create or own, and not any content that infringes or may infringe any trademark, copyright or other intellectual property right of another person;

     ii.         refrain from uploading, posting, emailing or transmitting any business or commercial messages, offers or solicitations, advertisements, promotional materials or spam;

     iii.         refrain from knowingly uploading, posting, emailing, or transmitting any content that contains a virus or other code, file and/or program designed to infect or affect, interfere, destroy and/or limit the operation of any electronic, telecommunications or computer software, hardware, or other equipment; and

     iv.         abide by your local laws and regulations, and ethics relating to online conduct in your jurisdiction.  Notwithstanding this, in the event of a conflict between the local laws and these Terms, these Terms shall govern and prevail.

e.     Eve Wahn reserves the right to pre-screen, refuse and/or delete any content on the Website, and to block, rescind or discontinue a user’s right to comment on, or access any password protected portion of, the Website at any time in her sole discretion, without notice, justification or explanation.

f.      You agree to provide correct, current and complete information as may be requested by any email or data registration process, and maintain and promptly update such information to maintain accuracy and completeness.  The failure to do so may result in your access to the Website being discontinued.

g.     You agree to refrain from downloading, reproducing or duplicating, using, copying, selling or exploiting the content or part of this Website or Services in any medium whatsoever, for business or commercial purposes.

h.     You understand and agree that any messages, posts, emails, or other content uploaded or posted by you may be removed or deleted at any time and from time to time without notice, in the sole discretion of Eve Wahn, including but not limited to normal document management and other business or housekeeping practices.  Eve Wahn does not guarantee that any content, email, post or communication will be available for any period of time.

For Clients using a password protected portion of the Website:

a.     You agree to use only the login information that you have inputted for yourself.

b.     You agree to keep your password confidential at all times and acknowledge and understand that you are responsible for all user transactions and comments made while using your password.

c.     You agree to notify Eve Wahn, at the email address contained on the Contact page, within 24 hours of learning that your password was disclosed to or obtained by another person, at the email address or telephone number found on the Contact page of this Website.

3.          Privacy Commitment

Please refer to the Privacy Commitment which is incorporated herein by reference in full.  If you have any concerns or doubts about the authenticity or timing of any electronic communication purportedly sent by us, please contact Eve Wahn immediately at the email address or telephone number provided on the Contact page of this Website.

4.          Copyright and other Intellectual Property Rights

a.     Photos on this website are primarily by Dennis Jarvis (Flickr).  This website uses a WordPress, Karma theme licensed from TrueThemes.  Unless otherwise accredited or used under creative commons license (CC), the Website and all content is the property of Eve Wahn, and may be revised or updated at any time in the sole discretion of Eve Wahn. All Rights Are Reserved.

b.     You acknowledge, understand and agree that all information, text, data, photographs, other media, messages and content is owned by Eve Wahn, or the person who created it.  To the extent you copy or print any information or materials including from the Website for your personal use, you agree to leave all proprietary notices intact, and shall not change or delete any notices from the information or materials.

c.     All trademarks, service marks and trade names and logos, as applicable, of Eve Wahn or as used on this Website, are the property of Eve Wahn or a third party provider and may not be used without the prior written consent and agreement of Eve Wahn or third party provider, which consent may be unreasonably withheld or denied in the sole and absolute discretion of the owner.

5.          Financial Terms

a.     Fees.   Upon registering for or ordering any Services, you agree to pay the cost or fee for the Services ordered, as specified on the Website or in writing by Eve Wahn, at the time you register or order such Services.  Shipping and handling costs, if any, will be itemized separately.  No Services shall be provided or order completed until payment has been received in full.  All amounts are payable in the currency specified for such Services, and if no currency is specified, then in Canadian dollars.

b.     Payment.  Payment methods will be specified when ordering the Services.  A valid credit or debit card or other on-line secure method is required for payment. All charges are securely and confidentially processed.  Personal information such as any card number, security codes, expiration dates, card holder’s billing address and other information provided is not saved or maintained by Eve Wahn.

c.     Taxes.  Any applicable sales, excise, use, value added, service and other similar taxes shall be in addition.  Each receipt shall specifically itemize the amount of any taxes paid.

6.          Disclaimer, Indemnity and Limitation of Liability

a.   The Website platforms are updated from time to time as new information, Services and other offerings, platforms, WordPress editions and security updates become available.  In accessing and using this Website, you understand and acknowledge that the internet is not a secure method for the communication of information and as such, privacy, confidentiality and security are not possible and cannot be guaranteed.  We do not guarantee the security or confidentiality of any communications made through this Website.

b.   You acknowledge and agree that Eve Wahn is and shall not be responsible or liable for any harm or loss that you or any other person may suffer in any connection with the access to or use of this Website, or from any cyberattack or breach of security in connection with that access or use.

c.    This Website may contain links to third party websites, information and resources.  These links are provided for convenience only and we: i) do not endorse the information contained in linked web sites or social media; ii) are not responsible for the operation, availability or content available by or through such links, websites, platforms, media, information or resources; and iii) do not guarantee their accuracy, timeliness or fitness for a particular purpose.

d.   Information, blog posts and other material published should not be relied upon as accurate, timely or fit for any particular purpose.  The content on the Website and Services offered are provided “as is” and “as available” without warranties of any kind, including warranties of merchantability, fitness for your requirements or a particular purpose, reliability, non-infringement or accuracy. Eve Wahn does not represent, warrant or guarantee the quality, accuracy or completeness of any information on the Website.

e.   Eve Wahn disclaims all liability and responsibility for the timeliness of any communication, any downtime or disruption of or to the Website and any costs and losses to you associated therewith, and any missed delivery, deletion or failure to store content, communication or any settings of a user.  Any content downloaded or otherwise obtained through the Website is at your own discretion and risk, and you are solely responsible for any damage to your computer and/or other devices and for any loss, of data or otherwise that may result from the download of such content.

f.    Neither Eve Wahn nor any party involved in creating, producing, or publishing this Website is or shall be responsible or liable for any claims, losses and/or damages (“Losses”) arising out of your access to or use of the Website, including but not limited to Losses from: i) transmission of viruses or other code that may infect or affect any computer or communication equipment or devices, ii) the use of or the inability to use or the performance, purported performance or non-performance of any Services, the Website or any links to or from the Website, iii) any abuse or use by any third party of or in connection with the Website, whether or not in violation of these Terms, and/or iv) any alteration, modification, suspension or discontinuance of the Services, even if advised of the possibility of such damages.

g.   In no event shall Eve Wahn be liable for any lost profit or revenue, or any consequential, incidental, exemplary, punitive, special or indirect, aggravated or punitive damages of any kind or nature whatsoever.

h.   You understand and agree that advice, suggestions and information available on the Website or obtained by you from Eve Wahn or through the Services are for inspirational, informational and/or educational purposes only.  Eve Wahn is not responsible or liable for any interpretations or conclusions you may make or derive from the content on the Website or Services.  You agree to use your own discernment in making decisions about and when to seek advice from a qualified professional to address any concerns, issues or other conditions that you may have, or which may arise at any time or from time to time in connection with your accessing this Website or the Services, and the risk of injury and damage shall rest entirely with you.

i.     You hereby agree to fully indemnify Eve Wahn, her employees, contractors and agents from and against all causes of action, claims, proceedings, and all Losses, judgements, expenses, and costs, including reasonable legal fees and costs, resulting from any breach by you of these Terms, arising from any matter outlined in this Section 6, or in connection with unauthorized access by an of your accounts and information, whether or not intentional.

7.          Termination

a.     You may cease using the Website or unsubscribe from any newsletter, blog notice, our e-list or other mailing list at any time, by way of the unsubscribe button contained in any newsletter, the blog and other communication from us, or by emailing us at the email address on the Contact page of this Website.

b.     We may terminate, suspend, discontinue or limit your access to the Website or our Services without notice in our sole discretion for any reason whatsoever.  In the event of termination, we may and shall have the right to disable access to and disallow further use of the Website and the Services.

c.     In the event of termination as provided herein, the obligations under Sections 3 (Privacy Commitment), 4 (Copyright and other Intellectual Property Rights), 6 (Disclaimer, Indemnity and Limitation of Liability), 7c. (Survival), 9 (Governing Law), 10 (Other Terms) and any other provision that by its nature extends beyond the termination of these Terms, shall survive such termination or expiration and continue in full force and effect.

8.          For Notices, Information and to Report Abuse or Violations

a.     To report violations of these Terms, please contact Eve Wahn at the email address found on the Contact page of this Website.

b.     Any notices legally required to be given in connection with these Terms shall be in writing and may be effectively given if sent by email PDF as follows:  if to Eve Wahn, to the address specified on the Contact page of this Website, and if to you, the user, to the last email address provided by you in the course of any communications with Eve Wahn or the Website.  If you have provided no email address, any notice may effectively be given to the contact information provided by you via this Website.  Any notice received by the recipient before 4:00 p.m. on a business day in the jurisdiction of the recipient shall be deemed to have been given on that business day.  Any notice received by the recipient after 4:00 p.m. on a business day, or any other day, shall deemed to have been given on the next business day.

9.          Governing Law

This Agreement shall be construed exclusively in accordance with, and governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law provisions or the United Nations Convention on the International Sale of Goods.  Each party to these Terms (i) expressly and irrevocably consents and submits to the jurisdiction of the courts in Toronto, Ontario, Canada as the convenient forum for the resolution of any disputes, and (ii) agrees to not assert any claim that such person is not subject to the jurisdiction of such courts, or that the courts in Toronto, Ontario, Canada are an inconvenient forum, or that the venue of such proceeding is improper, or that these Terms or the subject matter of these Terms may not be enforced in or by such court.

10.       Other Terms

a.     Assignment.  These Terms, your agreement to them, and your access to the Website and Services are personal to each user.  You acknowledge, understand and agree that this access and the Services may not be assigned or transferred to any other person.  All rights to your access to the Website and Services, along with all communications and content uploaded to the Website by you, shall terminate on your death.

b.     Severability. If any of the provisions contained in these Terms are held invalid, illegal or unenforceable, such provision shall be severed and the remainder of these Terms shall remain in full force and effect.

c.     Binding Agreement. These Terms shall be binding upon and inure (or enure) to the benefit of Eve Wahn and the user, and their respective heirs and executors, and if applicable permitted successors and assigns.  A delay or omission by Eve Wahn to exercise any right or power under these Terms shall not be construed as a waiver thereof, and no waiver of any of these Terms by Eve Wahn will be effective unless in writing and signed by her.

d.     Entire Agreement. Unless other written terms and conditions are stated to apply and override or supersede these Terms, in connection with any Services provided by Eve Wahn, these Terms, as they may be amended and published on the Website from time to time, comprise the entire agreement between Eve Wahn and you, with respect to the Services and use of the Website.

© Eve Wahn. All Rights Are Reserved.