Disclaimer and Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY.

This document sets out the disclaimers, terms and conditions under which the C Lily Winston Group (CLWG) allows you to use our website whether you do so to find out information about our memberships and services or whether you purchase a membership, service or item from us.

CLWG may change these disclaimers, terms and conditions from time to time by posting the changes on the website. You should review these disclaimers, terms and conditions each time you visit this website. Your continued access or use of the Site will mean that you agree to any changes.

By accessing any portion of the CLWG Website, the user agrees to the terms and conditions set out below.

Acceptance of Terms & Conditions for Online Purchases Policy

This Acceptance of Terms and Conditions for Online Purchases (the “Agreement“) sets forth the terms of the relationship between C Lily Winston Group (“CLWG”), with offices located in Calgary, Alberta, Canada, and you as the purchaser or consumer (“you“) as it relates to the purchase of goods and services offered online through CLWG’s website and/or related online links (the “Online Products”). You and CLWG may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products. 

1. Term of Agreement. This Agreement shall apply to your purchase of one or more Online Products offered through CLWG’s website and/or related online links. 

2. Online Products Used at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific, personal, professional, or financial results or earn any specific amount of income by purchasing one or more of its Online Products. CLWG makes no promises, representations, or warranties concerning the viability of any goals, aspirations, or endeavors you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. CLWG does not provide psychological, investment, or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety. 

3. Refund Policy. All Online Products are nonrefundable. Any purchase by you is deemed completed upon submission and acknowledgment that the form of payment provided in connection with the transaction may be charged by CLWG. 

4. Ownership Rights and Proprietary Information. CLWG and its affiliated entities own all right, title, and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services, and information made by CLWG (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by CLWG (or its affiliated entities) in connection with the Online Products or any Proprietary Information (as defined below). You agree that all materials provided by CLWG as part of the Online Products, which are confidential and proprietary in nature, will constitute CLWG’s “Proprietary Information.” You will personally use all materials related to the Online Products and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of CLWG. 

5. Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents, and copyrighted materials (the “CLWG Intellectual Property“) associated with the Online Products. You will not take any action that would interfere with or infringe upon the CLWG Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the CLWG Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the CLWG Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the CLWG Intellectual Property; (iv) use of any CLWG Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of CLWG and (v) any action that would pass off or create the appearance of an association with or endorsement by CLWG. 

6. CLWG may modify or amend any of the terms and conditions contained in this Agreement, at any time and in CLWG’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of CLWG’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions. 

7. You will indemnify, hold harmless and defend CLWG (as well as its members, employees, instructors, vendors, independent contractors, service professionals, and affiliated entities) from and against any and all claims, expenses, costs, causes of action, and damages (including those for personal injury, property damage, and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products or your violation of this Agreement or applicable law. 

8. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without CLWG’s prior written consent. 

9. Limitation of Liability. CLWG (as well as its members, employees, instructors, vendors, independent contractors, service professionals, and affiliated entities) shall not be liable for any indirect, incidental, special, or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if CLWG or its affiliated entities knew or should have known of the possibility of such damages. Further, CLWG’s aggregate liability arising with respect to this Agreement and the applicable Online Products will not exceed the total amounts paid or payable by you for purchase of the Online Products. 

10. Governing Law. Class Action Waiver. This Agreement will be governed by and construed in accordance with, the laws of the Province of Alberta, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against CLWG, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions. 

11. Dispute Resolution. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the Alberta Arbitration and Mediation Society (AAMS). One arbitrator will be selected using AAMS procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, in accordance with the rules, after the conclusion of the arbitration hearing. The arbitrator will not award attorneys’ fees, or punitive, indirect, incidental, special, consequential, treble, or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Calgary, Alberta. Both Parties hereby give their irrevocable consent to the processes of the AAMS in Alberta, as well as the jurisdiction of the courts of Calgary, Alberta for enforcement purposes. Awards will be final, binding, and non-appealable. 

12. Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the province or state, or county of your residency. 

13. Relationship of Parties. You agree that by purchasing one or more of CLWG’s Online Products you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. 

If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. CLWG’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of CLWG’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral, or written, between the Parties and is intended as a final expression of their agreement. Notification of claimed non-compliance with either the GDPR or other Privacy Law(s) should be sent via email to [email protected].

 

Mobile Messaging Terms & Conditions

C Lily Winston Group (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging and marketing program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or any Privacy Policy that may govern the relationship between you and Us. 

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you expressly consent to receive autodialed or prerecorded marketing mobile messages at the phone number associated with opting-in. While you consent to receive messages sent using an autodialer or prerecorded message, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. 

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. You may, however, send a written notification to Us of your decision to opt-out of the Program to [email protected] Attn: Mobile Messaging Program Opt-Out. Please understand that any written request sent to Us may take up to 30 business days to process. 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND OR FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. 

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. 

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. 

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above. 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. 

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. 

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific textmessaging instructions. 

Age Restriction: By opting into the Program you certify that you are at least eighteen (18) years of age. If you are not eighteen (18) years of age, you may not participate in the Program without express written consent from your parent or legal guardian. 

Dispute Resolution: Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the Alberta Arbitration and Mediation Society (AAMS). One arbitrator will be selected using AAMS procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, in accordance with the rules, after the conclusion of the arbitration hearing. The arbitrator will not award attorneys’ fees, or punitive, indirect, incidental, special, consequential, treble, or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Calgary, Alberta. Both Parties hereby give their irrevocable consent to the processes of the AAMS in Alberta, as well as the jurisdiction of the courts of Calgary, Alberta, Canada for enforcement purposes. Awards will be final, binding, and non-appealable. 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. 

We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.