BY VISITING TIMBARNABY.COM AND ALL SITES OWNED AND OPERATED BY US YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
Disclaimer
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer you must not access or use the Website.
Overview
The terms “we”, “us”, “our”, “Tim Barnaby”, and “Tim Barnaby Consulting” refers to Tim Barnaby (“the Company”). The term the “Site” refers to timbarnaby.com, and all online class sites and all associated portals. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Tim Barnaby provides websites where users can read articles on sales, presentation and negotiation skills and a service where users may purchase online classes, workshops, subscriptions and products related to sales and public speaking (the “Service”).
Use of timbarnaby.com, and other sites owned by the Company, including all materials presented herein and all online services provided by the Company. 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 and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
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 sales, presentation and negotiation skills, and other information are subject to change. Tim Barnaby makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
For Educational And Informational Purposes Only
The information contained on timbarnaby.com and the resources available for download through the Site are for educational and informational purposes only. The information contained on the Site and the resources available for download through the Site is not intended as, and shall not be understood or construed as legal, financial, tax, or any other professional advice.
No Guarantees As To Results
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Site or not. We provide educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
Use Of Free Downloadable Content
We provide various resources on this Site, which users may access by providing an e-mail address. We grant you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
International Users
The Service is controlled, operated and administered by the Company from our offices within Canada. If you access the Service from a location outside of Canada, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Account Creation
In order to use the Service, you are 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 the Company 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.
Lawful Purposes
You may use the Site and Service for lawful purposes only. 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.
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 Company reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. The Company reserves the right to limit the number of participants in any given online class or workshop. The Company may at any time change or discontinue any aspect or feature of the Site or Service.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged. All credit card charges will be managed by the Company.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, the Company has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
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. 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 and shall indemnify the Company from any claim against the Company resulting from your posting of Materials to the site. 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.
The Company reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Intellectual Property Rights to Your Materials
The Company does not claim ownership of Material you supply to the Company. However, the act of posting Material to the site conveys an irrevocable, worldwide license to the Company to use and distribute the posted Material in connection with the Company’s website and any related publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to the Company, you agree to hold the Company and its associated partners, companies and affiliates 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.
Our Intellectual Property
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of the Company. 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 content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
Affiliate Disclaimer
Keep in mind that we may receive commissions when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you.
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, the Company 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 the Company has been advised of the possibility of or could have foreseen the damages. In those states 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 the Company’s cumulative liability to you exceed the total purchase price of the Service you have purchased from the Company, and if no purchase has been made by you the Company’s 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 Tim Barnaby. 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.
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.
Waiver
No waiver of any of the provisions of this Agreement by the Company 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 the Company.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Tim Barnaby
27 Edwin Drive
Brampton, Ontario
L6Y 1A2
Canada
Governing Law, Venue & Mediation
Ontario Law shall govern the use of timbarnaby.com, and any related sites and subsites belonging to the Company, and in the event of a dispute you irrevocably submit to the exclusive jurisdiction of the Ontario Courts.
Unless otherwise specified, all contracts entered into with the Company shall be Canadian contracts and shall be governed by and according to Ontario law and in the event of a dispute shall be subject to the exclusive jurisdiction of the Ontario Courts.
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.
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.
Last Updated: 23 February 2023