TERMS OF USE

Welcome to Topanga ™Inc.’s website. Please note that by accessing or using this website and website content (collectively, the “Website”), you agree to be bound by the terms of use described herein and by all terms, policies and guidelines incorporated by reference to all applicable laws and regulations governing this website.  Topanga ™ Inc. (Topanga) shall have the right at any time to change or discontinue any part or feature of this Website. 

 

Topanga may also amend these Terms of Use at any time and changes will be effective immediately upon posting on the Website.  Should you continue to use the Website, it is your responsibility to review the Terms of Use from time to time to keep yourself informed on any amendments.   

 

Your use or continued access of this website constitutes an immediate acceptance and agreement to be bound by the terms and provision of this agreement.

 

If you do not agree to all these terms of use, do use this website.

1. Copyright and Limitation of Use
 

All information and content, including, but not limited to, text, graphics, logos, and courses and e-books available on or through this Website ("Content") is protected by copyright and other applicable laws. You are prohibited from modifying, printing, displaying, copying, editing, downloading, distributing, transmitting, publishing, selling, licensing, creating derivative works or using any content available on or through the website for commercial or public purposes. Any unauthorized use of the Topanga Website or the content is prohibited.

 

2. Privacy

Topanga collects information voluntarily submitted by visitors. We will not share, sell or trade your information to any other business or organization.  For more details, please see our Privacy Policy.

3. Website and Professional Advice

The Website and the content of the Website do not constitute consulting, human resources advice or any other type of professional advice.  The Website should only be used in conjunction with the services of a Topanga consultant or advisor who can fully assess the user’s circumstances and advise accordingly.   The accuracy, completeness, adequacy or currency of the Website and the content is not guaranteed.  Your use of the content, the Website, or material linked from the Website is at your own risk.

4. Use of this Website

Topanga grants you permission to use this Website as set out in these Terms of Use provided that you access and use the Website solely for lawful purposes and for your personal, non-commercial use. You may not use any part of the Website to infringe the rights of, restrict or inhibit anyone else’s use of the Website, disseminate any unlawful material, or illegally obtain unauthorized access to Topanga’s computer systems or otherwise breach applicable laws or regulations.

The Website and all content, unless otherwise indicated, is protected by law including, but not limited to, Canada copyright and trade-mark law, as well as other federal or provincial laws and regulations.  Any unauthorized use of the Website and its content may violate copyright laws, trade-mark laws, trade secret laws, or laws relating to privacy and publicity.

5. Intellectual Property

Topanga owns the Website, all content and the intellectual property rights, unless otherwise indicated is protect by law including, but not limited to, Canada copyright and trade-mark law, as well as other federal or provincial laws and regulations.  Topanga’s intellectual property rights include (unless otherwise indicated) text, audio clips, video clips, trademarks, logos, designs, blogs, newsletters, product names and other content, or has obtained the permission of the owner of the relevant intellectual property for use in connection with the Website.  Any unauthorized use of the Topanga Website and its contents may violate copyright laws, trade-mark laws, trade secret laws, or laws relating to privacy and publicity. 

Except as expressly authorized by Topanga and/or the applicable owner of the relevant intellectual property rights, you agree not to, without limitation, reproduce, duplicate, copy, sell, trade, resell, alter, modify, rent, disseminate, download, edit, exploit, license, assign, lease, loan, process, provide any third party access to, perform, display, distribute, re-distribute, publish, re-publish, transmit, re-transmit, transfer, repackage, or create derivative work based on the Website, in whole or in part. Please be advised that Topanga enforces its intellectual property rights to the fullest extent of the law. We reserve all rights that are not specifically granted under these Terms of Use.

6. Registration

You may be required to register on the Topanga Website.  If registration is requested you agree to supply Topanga with accurate and complete registration information.  It is your responsibility to inform Topanga of any changes to any information provided.  Topanga reserves the right to revoke or refuse registration.

7. Returns and Refunds

There may be downloadable products offered on the Website, downloads are non-refundable and Topanga is unable to accept any downloadable returns. 

8. User Comments, Errors or submissions

Topanga does not represent or guarantee that the Website is error-free, free of viruses or other harmful components, or defects.  Topanga does not guarantee that the content or information available on or through the Website will be correct, accurate, timely, or reliable.  Topanga may make changes to the content of the Website at any time. All comments, feedback, suggestions, ideas, and other submissions disclosed to the Topanga on this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website (“Comments”) are the sole property of Topanga.

Any submission of any comments to the Website represents an assignment to Topanga of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Topanga is under no obligation to (1) maintain any comments confidential; (2) compensate or provide royalties to any user for any comments submitted; or (3) respond to any user comments.  Comments submitted on this Website may not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights and no Comments may contain libelous or otherwise unlawful, abusive, or obscene material. Topanga may use or disclose information about demographics and use of this Website in any manner that does not reveal users’ identity.

9. Social Media

Users of the Website and any of Topanga’s social media sites must abide by the following terms of use.  When using this Website and/or any Topanga’s pages/groups on social media sites, you will not:

  • post, transmit, or otherwise make available through or in connection with this Website or social media page/group:  any information that may be defamatory, intimidating, threatening, harassing, violent, hateful, degrading, indecent, pornographic, fraudulent, offensive, or obscene;

  • any non-public information about the company or its directors, founders or employees without the proper authorization to do so;

  • use this Website or social media page/group to threaten, harass or abuse or violate legal rights of others or collect personally identifiable information about other users;

  • falsely impersonate Topanga or any of its representatives;

  • use the Website to sell, offer or buy good with Topanga’s express prior written consent;

  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;

  • post URLs to off topic personal websites or social media pages or groups;

  • frame or mirror part of the Website without Topanga’s prior written consent;
     

10. Disclaimer

The Website is provided ‘as is’ and ‘as available’. Your use of the Website is at your own risk. The Website is not guaranteed to be error-free or uninterrupted. Topanga assumes no responsibility and provides no warranties, representations, guarantees or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, truth, timeliness, sequence, completeness, merchantability, fitness for a particular purpose, non-infringement, or continued availability of the Website. The Website may provide, or third parties may provide, links to other web sites or resources. Because Topanga has no control over such sites and resources, you acknowledge and agree that Topanga is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources

 

11. Limitation of Liability

Topanga and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Website or any services or products, (b) the unavailability or interruption of the Website or any of its features, (c) your use of the Website, (d) the content contained on the Website, or (e) any delay or failure in performance of the Website.

You agree that Topanga, any of  Topanga’s directors, members, employees or volunteers are not liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including without limitations loss of use, profits and/or data, whether in contract, responsibility or otherwise, arising out or in any manner connected with this Website or its content, including without limitations any damages caused by or resulting from the reliance on any information obtained on this Website, or that result from mistakes, omissions, interruptions of files and/or emails, errors, defects, viruses, delays or failure, whether or not resulting from force majeure, whether in an action in contract, responsibility, negligence or otherwise, arising out of or in any way connected with the use of this Website, its content or the materials contained in or accessed through this Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Topanga, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Topanga's records, programs or services. In no event shall the aggregate liability of Topanga arising out of or relating to the use of this Website exceed any compensation you pay, if any, to Topanga for access to or use of this Website.

12. Indemnification

You agree to indemnify and hold Topanga harmless from any and all losses, damages, liability and costs (including legal fees) resulting directly or indirectly from any claim or demand against Topanga arising out of or related to the accuracy or completeness of the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use, any applicable laws and regulations and/or any rights of another.

13. Termination

Without limiting the foregoing, Topanga shall have the right to immediately terminate your access to the Website or any feature of the Website in the event of any conduct by you which Topanga, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use and/or any applicable laws and regulations and/or any rights of another.

14. Waiver and Severability of Terms

In the event that Topanga chooses not to exercise or enforce any right or provision of these Terms of Use, shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

15. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Governing Law

These Terms of Use shall be interpreted and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of Quebec.

 

Last Updated November 2020