Disclaimer and Terms of Use

This website located at http://prairietelegraph.com (“Website”) is owned and operated by Jennifer Gyuricska of Prairie Telegraph Digital Marketing.

Please read these Terms of Use carefully before purchasing, accessing or using any of my Programs, Products and Services.

Terms of Use

My Programs, Products, and Services are owned and operated by Jennifer Gyuricska of Prairie Telegraph Digital Marketing (“me”, “I”, or “my”). The term “you” refers to any purchaser and/or user of any of my Programs, Products and/or Services.

These Terms of Use (“Terms of Use”) state how you may use my Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully.  I reserve the right to change these Terms of Use from time to time.

By using any of my Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use my Programs, Products and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of my Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of my Programs, Products or Services, you agree to abide by these Terms of Use, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using my Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

All of my Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older.

Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using my Programs, Products, or Services or my Program Materials, you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

My Programs, Products, and Services and all the Program Materials are my property and/or my affiliates or licensors, and are protected by copyright and other intellectual property laws.

The content in my Programs, Products and Services is solely owned by or licensed to me, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of my Program Materials or any other material or aspects of materials provided by me to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of my Program Materials through my Programs, Products or Services, you will be considered my Licensee. For the avoidance of doubt, all content obtained through me is my property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use my Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of my rights or in a manner that has not been authorized by us.

You are being granted a limited license to use my Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from my Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by me to you with certain conditions as specified in these Terms of Use.

You are permitted to use my Programs, Products, Services and Program Materials as follows:

You may download and/or print Program Materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of my Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.  

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.

Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without my express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times.

Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of mine bearing the trademark symbols (™) or ® may not be used by you for any reason without my express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.  

As a Licensee, you understand and acknowledge that my Programs, Products and Services and the Program Materials have been created, developed or obtained by me through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of mine which needs to be protected from improper and/or unauthorized use.

When you enroll in or purchase my Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal my Programs, Products, Services, or Program Materials, or any parts of them.
  • You will not in any way use, copy, adapt or represent any of my Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
  • You will not engage in improper and/or unauthorized use of my Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through my Programs, Products or Services, or any other communications provided by me for your own personal use, business/commercial use or in any way that earns you money.
  • You will not duplicate, share, trade, sell, or otherwise distribute my Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of my Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use my Program, Product, Service, and Program Materials.
  • You will not violate my intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using my Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of my Program, Product, Service or Program Materials.
    You will not reprint or republish any part of my Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
  • You will not use my Programs, Products, Services or Program Materials in a manner that constitutes an infringement of my rights or in a manner that has not been authorized by me through my prior written consent.
  • You may not engage in improper and/or unauthorized use of my Program Materials or any other information related to my Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through my Programs, Products or Services or any other communications provided by me to you promoting or relating to the Programs, Products or Services.
  • You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of my Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and I retain the right to prosecute theft to the full extent of the law.
  • You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing

You may establish a hypertext link to my Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in my Website or Content and does not state or imply that I are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link my Content without my written permission.

Your License to Us

By posting or submitting any material on or through my Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to me or post any comment, photo, image, video or any other submission for use on or through my Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting me the right to make it part of my current or future Programs, Products, Services and/or Program Materials. This right includes granting me use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by me to you.

You also grant me, and anyone authorized by me, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that I have the right but not the obligation to use and display any contributions from you of any kind and that I may elect to cease the use and display of any such contributions on my Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.

Media Release

By participating in my Programs, Products and Services, and using my Program Materials, including my Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In my sole discretion, I reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to me in connection with your participation in my Program, Product or Services in my current or future Programs, Products or Services, and/or my marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Request for Permission to Use Content

Any request for written permission to use my Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to me (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an email to jennifer [at] prairie telegraph dot com.

I very clearly state that you may not use my Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless I have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that I allow and ONLY in the ways for which I have given you my written permission.

If you choose to use the content in ways that I do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as I may request and by the methods and in the time frame that I prescribe to protect my intellectual property and ownership rights in my Programs, Products, Services or Program Materials.

Security

When you apply for, enroll in, purchase or use my Programs, Products or Services, or Program Materials I may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to us, you grant me permission to use and store such Confidential Information.  We, in turn, will use my best efforts to keep your Confidential Information safe, secure and confidential. I take precautions to protect such Confidential Information. When you submit Confidential Information via my Program, Product, Service or Program Materials, I take measures to protect the security of your Confidential Information both online and offline.

However, due to the nature of the Internet, I cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to me or through my services; therefore submitting Confidential Information, data or other information is done at your own risk.

I have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but I make no assurances about my ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). I reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.

DISCLAIMER

I have made every effort to ensure that all information on the Website has been tested for accuracy. I make no guarantees regarding the results that you will see from using the information provided on the Website.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

I have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. I assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website.  Everything provided on the Website is for informational purposes only.

From time to time, the Website may publish content with tutorials. All such tutorials have been tried and completed successfully, but results may vary from person to person.

From time to time, the Website may discuss topics related to events (“Event”). All Event content is for informational purposes only. Unless specifically disclosed in the content, the Website is not a partner or sponsor of these Events.

If you choose to attend an Event that was listed on the Website, you assume all risk of any potential injuries that you may incur at such an Event. Please consider all inherent risks of a particular Event before participating.

From time to time, the Events listed on the Website may contain an element of physical fitness. (e.g., 5k, bowling, etc.) If you are unsure of your physical abilities, you should seek medical advice prior to participating.

You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue the Website and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses, or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your attendance at any Event, except for any gross negligence or willful misconduct on my part.

From time to time, the Website may discuss topics related to finance. This information is not advice and should not be treated as financial advice. The financial information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the financial information on the Website.

You must not rely on the information on the Website as an alternative to advice from a certified public accountant or licensed financial planner. There is no accountant-client relationship created from the publication of financial information on the Website. You should never delay seeking financial advice, disregard financial advice, or discontinue professional financial services as a result of any information provided on the Website.

Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. I make no guarantees regarding results, present or future. I are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.

The Website may discuss topics related to health and fitness, and may include information on exercise and workouts.  The fitness information provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result.

All information regarding mental health provided on the Website is intended to be used for informational purposes only.  Use of the Website does not form any relationship between you and Jennifer Gyuricska, including a therapist-patient relationship.  Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services.  The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.

From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.

The Website may discuss topics related to travel, including discussion of modes of transportation, lodging, and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. Your experience with the same providers mentioned may differ from that depicted on the Website.  All travel information on the Website is for informational purposes only.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. I make no representations, warranties, or guarantees. You understand that results may vary from person to person. I assume no responsibility for errors or omissions that may appear on the Website.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. I make no representations or warranties in relation to the Website or the information and materials provided therein.

I make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. I are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

I WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which I suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Disclaimer will be governed and construed in accordance with the laws of the Province of New Brunswick. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the Provincial Court of New Brunswick, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near the Province of New Brunswick.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Disclaimer not be assigned by you without my prior written consent; however, the Disclaimer may be assigned by me in my sole discretion.

All notices with respect to the Disclaimer must be in writing and made via email to jennifer [at] prairie telegraph dot com for the Website and to your email address.