Terms of service

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BY VISITING THIS SITE YOU ARE CONSENTING TO OUR TERMS OF USE.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SIT

The terms “we”, “us”, “our”, “James Armstrong” refers to James Armstrong and SharpCircle. The term “Site” refers to http://www.jamesarmstrong.ca and all online class sites connected with James Armstrong. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).

By using the Site, including all materials presented herein and all online services provided by James Armstrong, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined).

Jamesarmstrong.ca is a consulting service, we do not sell any digital services directly online.

To access or use the Site and Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are not advised using the Site and Service.

James Armstrong reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. James Armstrong makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. James Armstrong disclaims all liability for any inaccuracy, error and/or incompleteness in the Content.

Account Creation

In order to use our Services, you are required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to James Armstrong / SharpCircle will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose.

You may not, in the use of the Site and Service violate any laws in your jurisdiction. James Armstrong reserves the right to refuse service based on your provision of inaccurate account information.

You are solely responsible for protecting the security and confidentiality of your information. You shall immediately notify James Armstrong of any unauthorized use, or any other breach or threatened breach of the Site’s security of which you are aware.

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 Site and 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 will be responsible for any activity conducted under your account.

You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, 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

James Armstrong reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. James Armstrong reserves the right to limit the number of participants and subscriptions (if any of these services become available).James Armstrong may at any time change or discontinue any aspect or feature of the Site or Service without notice.

ORDER CONFIRMATION AND PAYMENT DETAILS

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.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide James Armstrong / SharpCircle, with valid payment information in connection with your orders/services. By providing us with your payment information, you agree that (i) James Armstrong is authorized to immediately invoice your Account for all fees and charges due and payable to James Armstrong, (ii) James Armstrong is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for services.

PRICING

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide James Armstrong with valid payment information in connection with your orders. By providing us with your payment information, you agree that (i) James Armstrong is authorized to immediately invoice your Account for all fees and charges due and payable to James Armstrong, (ii) James Armstrong is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify James Armstrong of any change in your payment information. We reserve the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, James Armstrong reserves the right to either suspend or terminate your access to the unpaid-for services.

ONLINE CLASS OR WORKSHOP

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 are not accepted into the class or workshop, a refund will be processed within “7” days of the payment date.

CANCELLATIONS, REFUNDS & RETURNS

If any service is discontinued or otherwise becomes unavailable, James Armstrong reserves the right to (i) cancel your order and provide you a refund for the amount paid for the Product (if the service is a one-time order), (ii) substitute the service with a similar service (if the service is subject to a subscription) or (iii) issue you a pro rata refund.

PROMOTIONS AND BONUS MATERIALS

We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes“). Promo Codes may only be used once per person. Only Promo Codes sent to you through official James Armstrong communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our products or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted. 

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 listed.

RATINGS AND REVIEWS

Ratings and reviews posted by Users on our Services are User Content that is not endorsed by James Armstrong and does not represent the views of James Armstrong. We do not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.

SUBMISSION OF USER-GENERATED CONTENT

You shall not upload, post or otherwise make available on the Site any artwork, photos or any other content (individually and collectively “User-Generated Content”) 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 User-Generated Content is 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 James Armstrong from any claim against James Armstrong resulting from your posting of User-Generated Content to the Site. For all User-Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User-Generated Content, and that the use or display of the User-Generated Content will not violate any laws, rules, regulations or rights of third parties.

James Armstrong reserves the right to remove from the Site any User-Generated Content submitted by you that it deems inappropriate for the Site or that appears to violate these Terms of Use.

If you submit User-Generated Content to us, intentionally or unintentionally, we shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our User Agreement, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and the Indemnified Parties (as hereinafter defined) from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that each time you post or submit User-Generated Content to the Site, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

OUR INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of James Armstrong, the content of the Site and Service are protected by the Canadian trademark, trade dress and copyright law. 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.

If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund and shall pursue all available legal remedies against you.

“SharpCircle” is the Registered business of James Armstrong located in Victoria, British Columbia, Canada. SharpCircle trademark is severely prohibited from being used on any product or service which does not belong to James Armstrong, unless it is used with our prior written permission. Otherwise, we will constitute trademark infringement and unfair competition in violation of law.

James Armstrong makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

AMENDMENTS TO TERMS OF USE

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately by us posting the revised Terms of Use on this Site. Your use of the Site and/or Service following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use. We further reserve the right to update any portion of our Site and Service at any time. We will post the most recent version to the Site and list the effective date.

DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE

The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the Site or third-party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, debit/credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, debit/credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third-party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge James Armstrong and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against James Armstrong and all Indemnified Party for any type of injuries and/or damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold James Armstrong and our officers, employees, contractors, directors, licensors, licensees, successors, distributors, agents, representatives, related entities, affiliates, successors and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) 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, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any 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. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

LIMITATION OF LIABILITY

You agree that under no circumstances (including negligence) shall James Armstrong / SharpCircle or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) 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 James Armstrong or the Indemnified Parties 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 James Armstrong or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from James Armstrong, and if no purchase has been made by you, James Armstrong and the Indemnified Parties’ total liability to you shall not exceed $1.00.

You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

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 James Armstrong 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 all board of director members of James Armstrong.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: jamesarmstrong.ca – emails can be sent to james@jamesarmstrong.ca

GOVERNING LAW, VENUE AND MEDIATION

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

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable 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 of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

DISCLAIMER/EARNINGS DISCLAIMER

When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, James Armstrong does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Site and/or Service is a promise or guarantee to you of future earnings for you personally, or with your business.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE JAMES ARMSTRONG SERVICES IS AT YOUR SOLE RISK. By purchasing any product or service produced by James Armstrong, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.

Materials in our product and our Site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

FEEDBACK

We always value hearing from our users whether they have any questions, expectations or comments, and are always interested in learning about your suggestions which can promote us to make our software better. If you choose to submit comments, ideas or feedbacks, you agree that we are free to use them without any restriction or compensation to you.

TERMINATION

At its sole discretion, James Armstrong may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to James Armstrong for Products purchased will remain due.

ENTIRE AGREEMENT

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.