Last Updated: September 26th, 2022
1. Your Use of our Websites and Services
These Terms govern the access or use by you of the Websites or Services.
Subject to your compliance with these Terms, Josh W Comeau grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Websites and/or the Services solely for your personal, non-commercial use. For greater certainty, Josh W Comeau does not grant you or any other party any right, title or interest in the Websites and/or Services. We reserve all rights not expressly granted to you under these Terms.
Representations and Warranties
For Registered Users. You hereby warrant and represent that
- you are the legal age of majority in your jurisdiction and have the authority to enter into these Terms;
- any information that you provide to us, including any personal or financial information provided as part of the creation of an Account or payment of the Services, shall be accurate, current, and complete;
- you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of an Account;
- you shall not use the Websites or Services for any unlawful, illegal, deceptive, misleading, fraudulent, or abusive purpose; and
- you shall comply with all Applicable Law when using the Services and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, civil laws, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.
In the event of your breach of any of the Terms set out herein, Josh W Comeau may, in its sole and absolute discretion, suspend or revoke your right to use the Services or Platform without notice to you.
Except as expressly permitted under these Terms, you may not:
- copy, sell, or otherwise redistribute the Services, or make paid Services available publicly.
- modify, adapt or hack the Services or modify any website so as to falsely imply that it is associated with Josh W Comeau or the Service;
- use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
- upload, share, or otherwise transmit files that contain a virus, trojan or corrupted data;
- violate our Code of Conduct, or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Josh W Comeau, may harm us or users of the Services or expose them or us to liability;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- remove any copyright, trademark or other proprietary notices from any portion of the Services; and
- cause nuisance, annoyance, inconvenience or property damage, whether to Josh W Comeau or any other third-party, while using the Services.
2. Void Where Prohibited by Law
By using the Services you are explicitly agreeing that you have verified that your use of the Services is permitted under Applicable Law.
3. Creation and Maintenance of Registered User Accounts
In order to access the Platform, you must be a “Registered User”. At this time, the only way to create an account is to purchase a paid product. You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an Account.
You must keep your Account information up to date and accurate at all times. You are responsible for all activity that occurs under your Account. You may not allow others to use or access your Account. If you suspect your account has been breached or improperly accessed, you must notify us immediately.
By becoming a Registered User, you agree to receive email communications from us that relate to your Account and the Services you requested.
4. Platform Access for Registered Users
After purchasing a paid product, you will be invited to create an account. In addition to the course materials, you will also be invited to join our Discord community. We will grant you a non-exclusive licence to access and use the course package for which you have paid all required fees, along with access to the Discord community.
5. Payment Terms for Registered Users
- When you make a payment, you agree to use a valid payment method.
- We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”).
- We will facilitate your payment of the applicable Fees through a third-party payment processor. We reserve the right to change our third-party payment processor without notice to you.
- If you are not satisfied with your selected course package, we offer you a 30-day refund. This policy is subject to change at any time, in our sole discretion, though we will honor the policy which was applicable at the time when your purchase was made.
- There is a limit of 2 refunds per course per person, and the total duration of ownership cannot exceed 30 days.
- We may from time to time offer promotional codes that can apply toward payment of course packages. Promotional codes are not transferable or redeemable for cash and may expire if not used within a specified period. If the cost of the course package exceeds the applicable discounted value, you will need to pay the remaining balance. Additional restrictions on promotional codes may apply on a case-by-case basis. We reserve the right to cancel promotional codes at any time, at our sole discretion.
- Bulk discounts may be available, for organizations wishing to purchase multiple licenses at once. We may also provide discounts to special groups, such as students. Such discounts are subject to change at any time, including cancellation thereof, at our sole discretion.
- Courses purchased with a promotional or bulk discount code are not eligible for refunds. This includes team licenses, student discounts, and sales. Exceptions can be made, in our sole discretion.
- Depending on your region, you may be offered the option to purchase a country-specific licence to access and use the Services. This country-specific licence may be offered at a reduced cost, in order to make the course more affordable for students living in countries with lower purchasing power. If you choose to purchase a country-specific licence, please note that you will only be permitted to access the Services and Platform within your home country. If you’re found to be accessing the Services from outside your home country, you may be asked to pay the difference between the price paid for the country-specific licence and the applicable non-country specific licence. Failure to comply may result in the suspension or termination of your Account and of your access and use of the Services and Platform, without refund. We may also take additional actions, as appropriate, in accordance with these Terms.
7. User Generated Content, for Registered Users
We may permit Registered Users to submit content (the “User Content”). For example, Registered Users may ask questions or share testimonials within our Discord community, as well as submit feedback about the course experience. If you choose to submit any User Content, you hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free right and licence to publish, display, reproduce, modify, adapt, translate, create derivative works of, distribute, and otherwise exploit (including commercially) any User Content throughout the world in any media. We are and shall be under no obligation to maintain any User Content in confidence or treat it as confidential or proprietary, pay any compensation for any User Content, or respond to any User Content. You further agree that:
- you do not require that you be identified in connection with any User Content, or any derivative works, adaptations, translations, or updates thereof;
- you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by us;
- you waive all of your moral rights and any other rights of a similar nature as an author in any and all User Content; and
- you release us from any claims that you could otherwise assert against us by virtue of any moral rights.
Further, you warrant and represent that:
- you own or have obtained all necessary rights and/or licences to any User Content that you submit;
- any User Content you submit is correct and true (where it states facts) or genuinely held and reflect your true experience (where it states opinions);
- any User Content you submit shall not:
- infringe any third-party’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
- be unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, derogatory, obscene, offensive, pornographic, profane, or have a sexist, racist, homophobic, transphobic, misogynistic, or any other discriminatory character,
- reveal any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
- be technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
Although we are not obligated to monitor content or the accuracy of User Content, you acknowledge and agree that we, acting in our sole discretion, have the right to monitor or remove, without notice, any User Content.
If you do not wish for User Content that you have generated to be used in any marketing materials for the Services, you may request that we either remove or anonymize this User Content. We will proceed in a case-by-case basis, at our sole discretion.
8. Intellectual Property Rights
- The Services we offer via the Websites, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no licence or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Services (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.
- All materials, including any text, images, illustrations, designs, videos, code snippets, games, software, data, and other materials that are part of the Websites or Services, other than User Content (collectively, the “Content”), is owned, controlled or licensed by Josh W Comeau or its licensors and is protected by Canadian and international intellectual property laws. The Content is provided on an “as is” and “as available” basis for informational purposes only and is subject to change without notice.
- The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of Josh W Comeau and is also protected by Canadian and international copyright laws.
- Trademarks, Services marks, and trade dress ("Josh W Comeau Marks"), including but not limited to the name “Josh W Comeau” and the “clay avatar” illustration, may not be used in connection with any product or service that is not offered by us, or in any manner that is likely to cause confusion amongst consumers. This includes both commercial and non-commercial products and services.
- All other trademarks and Services marks that appear on the Websites or the Services that are not the Josh W Comeau Marks and that are not owned by Josh W Comeau are the property of their respective owners (the “Third-Party Marks”). All such Third-Party Marks are used under licence from their respective owners.
- Nothing in this Agreement grants you any right, title or interest in any intellectual property of Josh W Comeau or its licensors, including without limitation the Josh W Comeau Marks or the Third-Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to the Websites or the Services does not confer and shall not be considered as conferring upon anyone any licence under any of Josh W Comeau or any third-party's intellectual property rights. Josh W Comeau all rights not expressly granted herein.
- You may only copy, reproduce, store, or download content on the Websites and/or Services for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.
9. Access To and Use of the Internet
You are solely responsible for obtaining and maintaining all internet or data network access, device hardware and other equipment needed to access and use the Services, and you shall be solely responsible for all charges and fees related thereto.
Due to technical difficulties with the internet, internet software or transmission, problems could produce inaccurate or incomplete copies of information contained in the Services.
JOSH W COMEAU AND ITS AFFILIATES, SUPPLIERS, LICENSORS, CONTRACTORS, LICENSEES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES (COLLECTIVELY THE “JOSH W COMEAU PARTIES”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR SERVICES. IN NO EVENT ARE THE JOSH W COMEAU PARTIES LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITES OR SERVICES.
You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose the Josh W Comeau Parties to any liability for damages you may suffer as a result of communicating with us by electronic communications.
10. Third-Party Links
Availability of the Services
While we endeavour to keep downtime to a minimum, we cannot promise that the Services or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Services or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Services or the availability of the Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. You agree that the Josh W Comeau Parties shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services or of your ability to access it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOSH W COMEAU PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, JOSH W COMEAU MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER OR SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
JOSH W COMEAU MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE RELIABILITY, QUALITY, QUALIFICATIONS, SUITABILITY, CAPABILITY, SAFETY, ABILITY OR AVAILABILITY OF ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JOSH W COMEAU DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PORTION THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES. IN ADDITION, THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE JOSH W COMEAU PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICES, ANY SERVICES INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE WEBSITES OR SERVICES OR ANYTHING OBTAINED THROUGH THE WEBSITES OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, IN ANY CONTENT AVAILABLE OR ACCESSIBLE ON THE WEBSITES OR DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR IN THE OPERATION OF THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE JOSH W COMEAU PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
THE LIABILITY OF THE JOSH W COMEAU PARTIES TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO REGISTERED USERS FOR THE AMOUNT PAID, IF ANY, BY THE REGISTERED USER TO JOSH W COMEAU FOR THE SERVICES ON WHICH SUCH CAUSE OF ACTION IS BASED.
You agree to defend, indemnify and hold harmless the Josh W Comeau Parties from and against any and all loss, liability, obligation, damage, cost, claim, demand, debt, expense, including but not limited to reasonable attorneys’ fees relating to or arising out of: (a) your use of and access to the Services; (b) your breach of any term of these Terms, including without limitation any breach of your representations and warranties set forth above; (c) your violation of any third-party right, including without limitation any intellectual property, real property rights, or privacy right or any rights of any person; (d) your violation of any Applicable law; (e) any User and Third-Party Content or any other information or content that is posted or submitted via your Account including without limitation misleading, false or inaccurate information; (f) negligent or willful misconduct; (g) any activity through your Account; (h) any use or inability to use our Services; or (i) any claim or demand by any third party arising out of or relating to your access or use of the Services. This indemnification provision survives termination of these Terms and your use of the Services and Websites.
14. Term, Termination, and Suspension
These Terms will remain in full force and effect unless and until updated or terminated hereunder.
Josh W Comeau may, at its sole discretion, at any time and for any reason, without notice to you, suspend or terminate your Account or your right to use and access the Services and/or the Platform. Upon termination of your Account, you shall no longer have the right to use and/or access the Services or Platform. This may include suspending or terminating your access to our Discord community. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.
You may terminate your Account at any time by contacting us and requesting that your Account is deleted. See contact information at the bottom of this document.
YOU AGREE THAT THE JOSH W COMEAU PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A REGISTERED USER.
This provision survives termination of these Terms. All parties agree to first attempt to resolve any dispute relating to the access or use of the Websites or Services on an individual basis. If you have a question or concern about the Website or Services, please contact us first at firstname.lastname@example.org. Our support team will try to answer your question or resolve your concern. In the event we are unable to resolve the dispute directly, the parties agree to resolve any and all disputes through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. Each party will initially bear its own attorneys' fees and expenses in connection with any dispute resolution.
- Arbitration. If the parties are not successful in resolving the dispute, then the parties agree that the dispute will be referred to arbitration before a single arbitrator and will be conducted under the rules and procedures under the Civil Code of Quebec and the Code of Civil Procedure of Quebec. Unless otherwise agreed by the parties, any arbitration will be held in Montreal, Quebec.
- Class Action Waiver. To the maximum extent permitted by applicable law, any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Josh W Comeau.
These Terms and your use of the Services or Websites are governed by, construed and enforced in accordance with the applicable laws of the Province of Québec and the Federal Laws of Canada without regard to conflict of laws principles. Any cause of action brought to enforce these Terms, or in connection with any matters related to the Websites or Services shall be brought only before the Courts of Québec, sitting in Montréal, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court.
The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third-party without restriction or notice to you.
Josh W Comeau shall be excused for the period of any delay in the performance of any of its obligations under these Terms when such delay is due (in whole or in part) to a cause reasonably beyond our control, including, without limitation, labor disputes, pandemics, epidemics, civil commotion, war, governmental regulations or controls, government action, fire or other casualty, weather, and/or acts of God.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
Any provisions of these Terms, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of these Terms.
We may, in our sole discretion, update these Terms to, for example, reflect changes to our practice or to the law. Please review the Terms regularly. If you do not agree to the modified Terms, you should discontinue your access or use of Websites or Services. Your continued use of the Websites or Services shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
To get in touch with us, please contact us by email at email@example.com.