Terms of Use and Conditions

Educator’s Lounge and Products Herein

BY JOINING the EDUCATOR’s LOUNGE on GabriellaVolpe.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

If you do not agree to these Terms of Use and Conditions, do not register, access, or otherwise use any of our Services. If you have any doubts about any of your rights and obligations resulting from this Agreement, you are hereby advised not to proceed without consulting a legal counsel.
OVERVIEW
The terms “we,” “us,” and “our” refer to GABRIELLA VOLPE. The term “the Site” refers to GabriellaVolpe.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

This Site contains a blog, a membership area (Educator’s Lounge), digital products for sale, and consulting services (the “Service”).

Use of GabriellaVolpe.com, including all materials presented herein and all online services provided by GABRIELLA VOLPE, to the following Terms and Conditions. These Terms and Conditions (the “Terms of Use” or this “Agreement”) 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.

You shall note that GABRIELLA VOLPE’s collection, use and disclosure, if any, of information collected from you is detailed in the GABRIELLA VOLPE’s Privacy Policy. The terms of the Privacy Policy, as well as the Website’s Cookie Policy, are incorporated by reference and constitute a part of these Terms of Use. Any additional terms, guidelines, and rules that are linked to this Agreement, are also incorporated herein by reference.

 

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age 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 and the Service. Information provided on the Site and in the Service related to education and other information is subject to change. GABRIELLA VOLPE makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Gabriella Volpe disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

 

GENERAL RESTRICTIONS

You may not use the Services in any way that harms GABRIELLA VOLPE or any other person or entity and in any way that is prohibited under the applicable law of the jurisdiction in which you are bound by or prohibited by these Terms of Use.

You agree not to capture, modify, edit, copy, sell, license, distribute, publish, adapt, reproduce, or reuse the content from the Website and any Services in any other way for any public or commercial purpose.

 

USER ACCOUNT

You need an account (“User Account”) for most activities in the Educator’s Lounger at GabriellaVolpe.com, including subscribing and enrolling in a series or course which is featured on the Website.

YOU ACKNOWLEDGE AND AGREE THAT SHOULD GABRIELLA VOLPE PROVIDE YOU WITH THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY USER ACCOUNT OR USER PROFILE ARE, AND SHALL FOREVER BE, OWNED BY AND INURE TO THE BENEFIT OF GABRIELLA VOLPE.

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 GABRIELLA VOLPE 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 User 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 are solely responsible for your User Account and everything that happens on your User Account, including any harm or damage (to us or anyone else) caused by someone using your User Account (with or without your permission). You should take all necessary steps to ensure that your password is kept confidential and secure, and you shall inform us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be used, in an unauthorized manner.

You can delete their User Account by sending an e-mail request to GABRIELLA VOLPE. Please note that if you request the deletion of your User Account, you might not be able to further access and use the Services, as well as any content that you submitted to us.

GABRIELLA VOLPE does not, and shall not, recognize the transfer of your User Account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of GABRIELLA VOLPE. Any attempt to do so shall be void and of no effect.

 

ENROLMENT

We offer online courses, video series, or supplemental material (each a “Course”) to our Users and present the Course to those Users who enrol in it. You should note that the Content of the Course belongs to GABRIELLA VOLPE and is under no circumstance transferred or assigned to you by virtue of your enrolment.

For the purposes of this Agreement, the term “Content” means objects of intellectual activity and equivalent means of individualization, including literary works, texts, lectures, presentations, speeches, computer programs, mobile programs and applications, as well as audio and visual works (video courses, infographics, phonograms, images, trademarks and service marks), commercial designations and trade names, trademarks, logos, hypertext links, including fragments thereof, information, widgets, and any other objects or materials published on the Website and within the Course.

When your enrollment in a Course is confirmed and provided that all the fees associated with the Course have been paid in full, we grant you the right to view the Course via the Website. Courses are licensed but not sold to you. In legal terms, this means that we grant you a limited, personal, non-exclusive, non-transferable license to access and view the Courses (and associated Content) via our Website, solely for your personal, non-commercial, informational purposes, all in accordance with these Terms of Use and any conditions or restrictions specifically associated with such particular Course. All other uses are expressly prohibited.

The right to view the Course does not give you any right to download and/or resell the Course in any manner (including by sharing your User Account information, illegally downloading the Course and/or sharing it in any way). You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer the Course or any of its parts.

We generally give Users who enrol in a Course unlimited access to a recording of the Course, which can be accessed via their User Account. This means that the link to the Course will be active in your User Account for as long as GABRIELLA VOLPE and GabriellaVolpe.com are in existence, starting from the Course’s commencement date, and you will be able to view the recording for an unlimited number of times. However, GABRIELLA VOLPE reserves the right, at its sole and absolute discretion, to change this term or to revoke any license. We may also, at our sole and absolute discretion, access and use Courses at any point in time in the event where we decide or are obligated to disable access to a Course due to legal or policy reasons, for example, if the Course that you enrolled in is the object of a copyright complaint, or if we determine its Contents violates any of our policies, agreements or rights.

By enrolling in a Course, you expressly agree that we may collect, use, store and otherwise process your personal data for the purpose of providing you with access to the Course and related activities and communications in which you agree to participate. In order to receive news and additional information about our Courses, as well as other useful information from GABRIELLA VOLPE, you may be required to provide us with additional personal information. You acknowledge and agree that we may collect, use, store and otherwise process your personal information and may share such data with third-party service providers for the purposes of improving or providing our Services, subject to our Privacy Policy.

 

CHANGES IN COURSES

Our first priority is to provide you with quality Courses, but unexpected circumstances do sometimes occur. We reserve the right to reschedule, modify or even cancel any offered Courses or make changes to the Course’s agenda. Please note that in this regard, our Services are subject to the Disclaimers and Limitation of Liability sections below.

 

YOUR PARTICIPATION IN A COURSE

We may provide you with the opportunity to post comments and upload your work and other content in Course groups and on social media such as Facebook (the content that you submitted shall be referred to as your “User Comment”). The User Comments are intended to initiate discussions. When you elect to post a User Comment, you retain all ownership rights in and to your User Comments but grant us with an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use such User Comment.

You are fully responsible for all the User Comments that you post on our Website or throughout the Courses (whether on our Website or on other social media platforms). We reserve the right to remove or modify your User Comments for any reason, including User Comments that we believe violate these Terms of Use, without liability to you or any third party.

For further details, please refer to the section below titled “Rights relating to your Submitted Content”.

When you interact directly with other Users or our instructors, you must be careful about the types of personal information that you share. GABRIELLA VOLPE does not control what Users and instructors do with the information they obtain from other Users throughout our Courses or otherwise. For your safety, we recommend not sharing your email or your other personal information.

 

FEES

GABRIELLA VOLPE offers Courses for a fee. By subscribing to a Course, you are deemed to have agreed to the pricing, payment, and billing policies applicable to such fees and charges as described on the Website or in any policy of a third-party payment service. By proceeding with payment for the Course that you subscribed for, you authorize us to charge your debit or credit card (or process other means of payment) for the full fee applicable for your selected Course, whether in a one-time payment transaction or in multiple split payments according to an approved payment plan.

You agree to pay all fees or charges incurred by you in accordance with these Terms of Use and the billing terms that are in effect at the time that the fee or charge becomes payable. Please note that as a general rule, payment for the Course to which you subscribed should be made no later than one day before the Course’s start date unless you were approved for and have enrolled in a payment plan.

You acknowledge that GABRIELLA VOLPE may utilize certain third-party providers (such as PayPal, Stripe, Square, and others) to collect or otherwise process any of such fees and charges. Any additional, separate charges or obligations, including but not limited to currency exchange charges you directly incur with the said third party and your banking institution, are your sole responsibility. When you pay for a subscription, you agree not to use an invalid or unauthorized payment method.

THE PAYMENT FOR ANY COURSE IS FINAL (SUBJECT TO OUR REFUND POLICY) AND SHALL UNDER NO CIRCUMSTANCES BE TRANSFERABLE OR EXCHANGEABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF OUR SERVICES FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES DUE TO YOUR VIOLATION OF THESE TERMS OF USE OR OUR OTHER POLICIES.

When you purchase a subscription for a Course, you agree not to use an invalid or unauthorized payment method. Any use of such invalid or unauthorized payment methods will allow us, at our sole and absolute discretion, to cancel the payment and your subscription for any Course.

Unless otherwise stated, all fees are quoted in U.S. dollars.

 

REFUND POLICY

GABRIELLA VOLPE will not provide a refund for a Course that you subscribe to under any circumstances.

Without prejudice to any of the foregoing, you should note that if we terminate your User Account or disable your access to a Course due to your violation of these Terms of Use or our other policies, you will not be eligible to receive any refund.

 

YOUR CONDUCT THROUGH THE SERVICES

You are solely responsible for your interaction with other Users (including, for the purposes of this section, the Course instructor), whether online or offline. You acknowledge and agree that GABRIELLA VOLPE is not responsible or liable for the conduct of any User.

You are solely responsible for your conduct when using our Services and agree that you will not publish, post, upload, transmit, distribute, disseminate or otherwise make available to any User or instructor any:

  • Material that is harmful, abusive, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by GABRIELLA VOLPE in its sole discretion;
  • Material that supports or influences any other acts of criminal activity (including against humans, animals and property).
  • Material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights of others;
  • Files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website and Services, other Users’ and instructors’ access to the Website or Services and/or Users’ and instructors’ computers;
  • Material that includes pornographic images or text or which otherwise may be may be offensive to minors;
  • Pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
  • Material that encourages the use of illegal drugs or influences the use of ammunition, fireworks or any destructive devices or explosives; and
  • Material that advertises gambling and betting.

 

When using the Services, you further agree not to:

  • Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others;
  • Violate any applicable laws or regulations, or promote or encourage any illegal activity;
  • Impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another user, a celebrity or other well-known person, or a GABRIELLA VOLPE representative;
  • Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content;
  • Gain or attempt to gain unauthorized access to the Services, to other Users’ account or profile information, or to computer systems and/or networks connected to the Website and our other Services;
  • Make false reports through the Services to GABRIELLA VOLPE’s administrators;
  • Take any action that imposes or may impose (as determined by GABRIELLA VOLPE in its sole discretion) an unreasonable or disproportionately large load on GABRIELLA VOLPE’s (or its affiliates or third-party providers’) infrastructure;
  • Engage in fraudulent transactions;
  • Establish more than one account to participate in our Services;
  • Use the Services for any form of wagering or gambling;
  • Transmit any material that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
  • Harvest, collect, or store personal information or data of other Users, instructors or our partners; and
  • Performing any circumventing action similar to any of the above.

GABRIELLA VOLPE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users and exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through the use of our Services.

 

INTELLECTUAL PROPERTY

Ownership of Intellectual Property

You acknowledge that GABRIELLA VOLPE owns, or has a license to, all rights, titles and interests in the “Content” it makes available through the Services.

Except for any rights specifically enumerated as being licensed to you hereunder, GABRIELLA VOLPE reserves any and all of its rights to the Content. You are only permitted to use the Content as expressly authorized by GABRIELLA VOLPE.

 

YOUR RESTRICTIONS

By use of the Services, you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage in, or otherwise be related to or a part of the following restricted activities:

Marketing, sharing, distributing, offering to sell, selling or otherwise making reproductions or copies of the Website, Services or Content in any way inconsistent with the rights of use provided to you by GABRIELLA VOLPE herein;

  • Removing any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other propitiatory rights of GABRIELLA VOLPE;
  • Attempting to access the source or object code of the Website or any Service by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language;
  • Amending, changing, modifying (including the creation of any derivative or other works) the Website and the Services;
  • Creating code, software or other programs that incorporate any elements of the Website and the Services;
  • Attempting to hack into, compromise or otherwise access the object or source code of the Website and the Services for any purposes, personal or commercial; and
  • Interrupting or attempting to interrupt the operation of the Website and the Services in any way.

 

RIGHTS RELATING TO YOUR SUBMITTED CONTENT

If GABRIELLA VOLPE provides you with the ability for you to submit your own content to the Services (such content, which shall include the User Comments, shall hereinafter be referred to as “User Submitted Content”), you shall be deemed as the owner of User Submitted Content. It is your obligation to ensure that your provided User Submitted Content does not infringe any third-party rights, and you agree to be liable for such infringement and indemnify GABRIELLA VOLPE against any third-party claims.

GABRIELLA VOLPE does not claim ownership rights in any User Submitted Content that you may submit or offer through the Services. However, to the extent you submit any User Submitted Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to GABRIELLA VOLPE:

  • Use, reproduce, distribute, remove, and analyze any of your User Submitted Content as GABRIELLA VOLPE may deem necessary or desirable for any purpose in connection with the operation of the Services;
  • Copy, modify, and reproduce your User Submitted Content for marketing, promotional and/or other purposes in connection with GABRIELLA VOLPE or the Services in any media;
  • Use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other User Submitted Content in connection with any feature of the Services;
  • Delete any or all of your User Submitted Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party; and
  • Enable the Services or Users of the Services to share or post your User Submitted Content on third-party sites, such as, without limitation, on social networking sites.

To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are non-confidential and non-proprietary, and GABRIELLA VOLPE shall not be liable for the disclosure of such Ideas.

You hereby grant and agree to grant GABRIELLA VOLPE, under all of your rights in the Ideas, an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide license to incorporate, use, publish and use such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any GABRIELLA VOLPE product or service, without compensation or accounting to you and without further recourse by you.

 

LIMITATION OF LIABILITY DISCLAIMER

GABRIELLA VOLPE and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “GABRIELLA VOLPE Parties”) will do our utmost to ensure that the availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND/OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE DO NOT REVIEW OR EDIT THE CONTENT OF OUR INSTRUCTORS’ COURSES FOR LEGAL OR OTHER ISSUES. WE DO NOT EXERCISE ANY EDITORIAL CONTROL OVER THE COURSES THAT ARE AVAILABLE ON OUR WEBSITE AND, AS SUCH, DO NOT GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY OR TRUTHFULNESS OF THE COURSES. WE DO NOT HIRE OR EMPLOY INSTRUCTORS, NOR ARE WE RESPONSIBLE OR LIABLE FOR ANY INTERACTIONS BETWEEN INSTRUCTORS AND USERS WHO PARTICIPATE IN THE COURSE. WE ARE NOT LIABLE FOR DISPUTES, CLAIMS, LOSSES OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO THE CONDUCT OF INSTRUCTORS OR USERS.

BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU CONSIDER OFFENSIVE, INDECENT OR OBJECTIONABLE. THE GABRIELLA VOLPE PARTIES HAVE NO RESPONSIBILITY TO KEEP SUCH CONTENT FROM YOU AND NO LIABILITY FOR YOUR ACCESS OR ENROLMENT IN ANY COURSE TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

GABRIELLA VOLPE MAKES NO COMMITMENT TO UPDATE ITS SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER CONTENT MAINTAINED OR UPLOADED BY THE SERVICE. GABRIELLA VOLPE RESERVES THE RIGHT TO TERMINATE USER ACCOUNTS THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME. WE RESERVE THE RIGHT TO MODIFY, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT SHALL THE GABRIELLA VOLPE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, COMPENSATORY, ACCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, UNINTENTIONAL DAMAGE (INCLUDING LOST PROFIT, LOSS OF GOODWILL, OR LOST DATA), AND/OR DAMAGE TO YOUR BUSINESS REPUTATION, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE LAVA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You fully accept the risks associated with your use of the Services. You acknowledge and agree that your exclusive remedy for any dispute with GABRIELLA VOLPE Parties is to stop using the services. You further agree that in no case shall any liability of the GABRIELLA VOLPE parties towards you exceed the amount, if any, that you paid for the services giving rise to any such liability.

You agree that any claim you may have arising out of or related to your relationship with GABRIELLA VOLPE must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold the GABRIELLA VOLPE Parties harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from:

Your use of, or activities in connection with the Services, or those of any under-age person authorized by you;
Any violation of this Agreement by you or any under-age authorized by you; or
Any allegation that any content that you made available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

GABRIELLA VOLPE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GABRIELLA VOLPE in asserting any available defences.

 

THIRD-PARTY WEBSITES

The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under GABRIELLA VOLPE’s control, and you acknowledge that GABRIELLA VOLPE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, and nor is GABRIELLA VOLPE responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, opinion of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

 

ADVERTISEMENTS

Our Services may, at some point, include advertisements which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertisements on the Services are also subject to change over time. In consideration of our providing you with the Services, you agree that we and our third-party providers and partners may place advertisements on our Services or in connection with the display of content or information on our Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You may also review our Privacy Policy which explains the procedures that we conduct with respect to advertisements on our Services.

 

A NOTE ABOUT CHILDREN

The Website is just for people who have reached the age of 18. We share your concern for the privacy of under-aged children and do not knowingly collect any personally identifiable information about children through the Services. We may, however, use third-party analytics services that collect anonymous information about the usage of our Services, as more fully described in our Privacy Policy.

 

A NOTE TO INTERNATIONAL USERS

The Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that we intend to announce such Services or content in your country. We make no representations that Services are appropriate or available for use in your country. Those who access or use the Services from the jurisdictions where we do not operate do so of their own volition and are responsible for compliance with local law.

 

USE OF MOBILE DEVICES

Some of the services provided by GABRIELLA VOLPE may be accessed and used through a compatible mobile device. By accessing and using our Services through a compatible mobile device, you hereby agree that you shall be solely responsible for obtaining the requisite hardware and software that will allow you to use our Services on the said device, including all applicable changes, updates and fees (to the extent applicable).

GABRIELLA VOLPE does not make any warranties or representations of any kind with respect to the:

  • Access to the Services at any time and from any location;
  • Availability of telecommunication services from your provider; and
  • Failure to transmit any data, communications or settings connected with the services provided by GABRIELLA VOLPE.
  • GABRIELLA VOLPE may, from time to time, provide you with automatic notifications relating to your User Account. Some of the alerts may be turned on by default in certain Services.
  • In case you wish to deactivate, reactivate and/or customize alerts, you shall refer to the “Settings” page (or any similar page) of your compatible device.

We will make commercially reasonable efforts to provide the notifications in a timely manner; however, GABRIELLA VOLPE cannot guarantee the time of delivery of the notifications. You acknowledge and agree that GABRIELLA VOLPE can not guarantee the time of the delivery of the alerts, as well as their content, and therefore you hereby relinquish any claim against GABRIELLA VOLPE with respect to the failure to deliver, delay and/or any error in the content of the alert. Furthermore, you hereby acknowledge and agree that we shall not be liable for any action taken or not taken by you or any third party in reliance on a notification.

 

SUSPENSION AND TERMINATION OF SERVICES

Although it is GABRIELLA VOLPE’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

GABRIELLA VOLPE reserves the right to terminate, suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you.

Additionally, GABRIELLA VOLPE may terminate and/or suspend your use of the Services for violation of these Terms of Use or violation of any other policy related to Services (including the policies of affiliates accessible by the Services). Without limiting the foregoing, your access to the Services may be terminated without warning if GABRIELLA VOLPE believes, in its sole discretion, that you are under the age of eighteen (18) years and do not have your parent’s or guardian’s permission to register for and/or access the Services. You agree that GABRIELLA VOLPE shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change, and you will have no further access to the services and shall have no right to any refund of any monies paid to GABRIELLA VOLPE.

 

TECHNICAL SUPPORT

If you have a technical problem with the Services, including any Application, you may ask for technical support by contacting us here. When writing to us, please be sure to tell us which Course/s you subscribed for. We’ll do our best to help you solve any technical problem, but we don’t warrant and specifically disclaim, that we will be able to resolve all technical issues.

 

COMPLAINTS

If You have any complaints, claims or disputes with regard to the Website and/or the Services, you are hereby instructed to submit such complaint to GABRIELLA VOLPE in writing as soon as is reasonably practicable possible following the occurrence of the event to which the complaint refers. Complaints may be submitted here, with maximum description and details.

 

ASSIGNMENT

GABRIELLA VOLPE may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without GABRIELLA VOLPE’s express prior written consent.

 

GOVERNING LAW

This Agreement (and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes, claims and the arbitration agreement) shall be governed by and is to be construed in accordance with the law of the Province of Quebec, Canada.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and the Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside Quebec and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Canadian.

 

NOTICES

All notices to a party shall be in writing and shall be made either via email. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to GABRIELLA VOLPE must be sent to the attention of Customer Service here.

Notices to you may be sent to the email supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between you and GABRIELLA VOLPE concerning the subject matter and supersedes all prior agreements and understandings of the parties with respect to that subject matter.

 

NO WAIVER

If you breach these Terms or any other of our policies and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

 

SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

 

FORCE MAJEURE

You hereby acknowledge and agree that GABRIELLA VOLPE shall in no case be liable for any event beyond our reasonable control (including, but not limited to, acts of any government or authority, embargo, revocation of any licence or consent, failure of any power supply, theft, malicious damage, acts war, terrorism, natural disasters, internet outages and such other force majeure occurrences).

 

MISCELLANEOUS

Nothing in this Agreement shall be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships, employer-employee relationship or any other similar relationship between you and GABRIELLA VOLPE.

Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by GABRIELLA VOLPE with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Updated: April 2023