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Terms of Service

By accessing this website, you agree to be bound by our Terms of Service. 

OVERVIEW

This site is operated by nMarket Solutions Inc. and is property of nMarket Solutions Inc. and its licensors.

The terms “we”, “us”, and “our” refers to nMarket Solutions Inc.  The term the “Site” refers to christiannewman.ca. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

On christiannewman.ca we provide marketing, technology and business resources, ideas and advice for small and local business owners delivered via email, blog, podcast, instant messaging, live events including webinars and screencasts, in addition to digital resources available for purchase, educating business owners about issues affecting their businesses, and online and offline one-on-one and group consulting services available for purchase (the “Services”).

USE OF THE SITE AND SERVICES

Use of christiannewman.ca, including all materials presented herein and all online and offline services provided by nMarket Solutions Inc., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to these Terms and Conditions, you may not use the Site.

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to marketing, technology, business and other information are for informational purposes only and is subject to change without notice. You agree that you shall not use any information contained in this Site in any claims, proceedings, suits or actions against nMarket Solutions Inc..

NO WARRANTY OR REPRESENTATION

While nMarket Solutions Inc. uses reasonable efforts to include accurate, reliable, correct, and complete information on the Site, your use of the Site and Service is as your own risk. nMarket Solutions Inc. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free, and disclaims all liability for any inaccuracy, unreliability, error or incompleteness in the Content.

nMarket Solutions Inc. disclaims any implied warranties of merchantability or fitness of the Content for a particular purpose. The Content contained on the Site may not be suitable for your situation. nMarket Solutions Inc. disclaims all liability for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to nMarket Solutions Inc. will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PRODUCT DESCRIPTION

We endeavour to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, nMarket Solutions Inc. does not warrant that the Site is entirely accurate, complete, reliable, current or error-free. We reserve the right to refuse or cancel any order with an incorrect price listing. Product descriptions and pricing are subject to change without notice. If a product or Service offered by nMarket Solutions Inc. is not as described, your sole remedy is to return it in accordance with our then applicable return policy.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to nMarket Solutions Inc. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Site or Service. Content you submit to nMarket Solutions Inc., remains yours to the extent that you have any legal claims therein. You agree to hold nMarket Solutions Inc. harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or sending us testimonials and other positive feedback to any @christiannewman.ca, @localthority.com or @nMarket.ca email address, you grant us a world wide, nonexclusive license to use the material for promotional, business development and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by nMarket Solutions Inc., including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the nMarket Solutions Inc. name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, nMarket Solutions Inc. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF nMarket Solutions Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL nMarket Solutions Inc. CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM nMarket Solutions Inc., AND IF NO PURCHASE HAS BEEN MADE BY YOU nMarket Solutions Inc. CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with nMarket Solutions Inc.. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees,  arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

WAIVERS

No waiver of any of the provisions of this Agreement by nMarket Solutions Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by nMarket Solutions Inc..

Any failure of or delay by nMarket Solutions Inc. in insisting upon or enforcing strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

nMarket Solutions Inc.
5690 176A Street
Surrey BC  V3S 4H1

GOVERNING LAWS; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the Province of British Columbia as applied to contracts that are executed and performed entirely in the Province British Columbia and you agree to be bound by the laws of this jurisdiction. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Surrey, British Columbia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and nMarket Solutions Inc. pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at info@nMarket.ca.

Updated: November 2014

Privacy Policy

Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. The christiannewman.ca website is a service offering of nMarket Solutions Inc., and references in this document to “us,” “our,” and “we” refer to nMarket Solutions.

WHAT INFORMATION DO WE COLLECT?

When you visit our website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse the site.

1. PERSONAL INFORMATION YOU CHOOSE TO PROVIDE

Registration Information
You will provide us information about yourself, your firm or company, and your practices when you purchase our products and services, register for forum support, or register for email newsletters and alerts.

Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

2. WEBSITE USE INFORMATION

Similar to other commercial websites, this site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how this site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at this site, and the websites visited just before and just after our site. We, our advertisers and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.

HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?

We use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable. You may notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

WHAT ARE COOKIES?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners (e.g., advertisers) use cookies that originate from their sites. We have no access or control over those cookies.

HOW DO WE USE INFORMATION WE COLLECT FROM COOKIES?

As you use this website, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting this site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve this site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

SHARING INFORMATION WITH THIRD PARTIES

The information we collect is used to improve the content of this site and the quality of our service, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following circumstances:

  • We use third parties to facilitate our business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities.
  • As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.
  • We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
  • If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

NOTICE OF NEW SERVICES AND CHANGES

Occasionally, we may also use the information we collect to notify you about important changes to this website, new services, and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

HOW DO WE SECURE INFORMATION TRANSMISSIONS?

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on this site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP.

CERTAIN DISCLOSURES

We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.

WHAT ABOUT OTHER WEBSITES LINKED TO THIS SITE?

We are not responsible for the practices employed by websites linked to or from our site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our site. Please remember that when you use a link to go from our site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including sites which have a link on our site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

YOUR CONSENT

By using this site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Updated: June 2015