Terms of Use

 

Please read these Terms of Use thoroughly before using these websites.

When do these terms of use apply?

By using these websites, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the websites.

For the purpose of these Terms and our Privacy Policy:

·       “you”, “your”, “they”, “their”, “user(s)” shall refer to any user of the sites;

The following Terms of Use are entered into by and between You and Goodcasting Inc. c.o.b. Goodcasting and Goodcasting Academy (“Goodcasting”, “Company”, “I”, “we”, “our”or “us” and, when applicable, The Company’s partners).

Your access to and use of these website Restructure.ca Goodcasting.com and Goodcasting.Academy, as well as all related website operated by Restructure Management Consulting Inc. (collectively the “Sites”) is subject to the following terms and conditions (“Terms of Use”), Terms of Participation and Privacy Policy and all applicable laws. 

When do these terms of use apply?

These terms of use (the “Terms”) apply to your use of the sites available at www.goodcasting.com and www.goodcasting.academy (the “sites”) published by Goodcasting Inc. (“the Company”).

Please read these Terms and our Privacy Policy before using the sites. By using the sites, you agree to be bound by these Terms.

We reserve the right to modify or to update these Terms and our Privacy Policy at any time and at our sole discretion. Please consult these Terms and our Privacy Policy on a regular basis as any modification thereto becomes effective upon publication on the site(s).   

Some features of the sites (such as the content sharing features or video players) are integrated into the sites but operated by third parties. When using these features on or from the sites, you undertake to do so in strict compliance with the terms of use applicable to such features.

Ownership of the Sites and the Content

The sites, all its components and the content (in any form: videos, photos, texts, still and animated graphics) displayed on or accessible through the sites (the “Content”) are the exclusive property of the Company and/or its partners and are protected by intellectual property laws.   

Use of the Sites and the Content

The Content available on the sites are provided “as is”, for information and non-commercial purposes only.

Any use of the sites and/or the Content for any other purpose or in any other manner than as expressly authorized herein is strictly prohibited.

By accessing and browsing the Sites, whether as a guest or a registered user, or by clicking to accept or agree to the Terms of Use, Terms of Participation and Privacy Policy when this option is made available to you, you accept, without limitation or qualification, the Terms of Use, Terms of Participation and Privacy Policy and acknowledge that any other agreements between you and the Sites are superseded and of no force or effect:

You agree that the Sites itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Sites by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Goodcasting (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, educational content, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Sites, excluding only the materials you provide. 

Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Sites solely for your personal purposes. 

No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. 

Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. 

You may not distribute, modify, transmit or use the content of the Sites or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

All Content, such as text, data, educational material, graphics files, videos and sound files, and other materials contained in the Sites, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

Trademarks and logos 

All trade names, logos, trademarks, and images and biographical information of people used in the Company Content and contained in the Sites, including without limitation the name and trademark Goodcasting and/or Restructure Management Consulting Inc., are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. 

Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Sites shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. 

The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites or in any Content in any way, you may notify Company at betty @ goodcasting.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

While the Company uses reasonable efforts to include accurate and up-to-date information in the Sites, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Sites.

When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning, or other records or correspondence from the Company so that the Company may provide the services you have requested to be received (“Essential Communications”). You consent to receive Essential Communications electronically by way of transmitting the notice to you by email. You may also be subscribed to marketing emails, as well as our e-mail newsletter, or emails from third-parties made available through the Company. You may opt-out of non-essential communications at any time.

If you send comments or suggestions about the sites to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the sites. Use of the Sites are completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Sites, you signify your acceptance of the Company’s Privacy Policy our agreement to the Privacy Policy is hereby incorporated into these Terms of Use. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

The information contained on this Site and the resources available for download through this Site are for educational and informational purposes only.  The information contained on this Site and the resources available for download through this Site are not intended as, and shall not be understood or construed as legal, financial, tax or any other professional advice. 

While the employees and/or owners of the Company are professionals and the information provided on this Sites relates to issues within the Company’s area of professionalism, the information contained on this Sites is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. 

We have done our best to ensure that the information provided on this Sites and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Sites should be understood as a recommendation that you should not consult with a professional to address your particular information. Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Sites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

Your use of this Sites – including implementation of any suggestions set out in this Sites and/or use of any resources available on this Sites – does not create a professional-client relationship between you and the Company or any of its professionals.

The Company does not offer refunds.

Warranties

You hereby warrant and represent that you will access and use the sites, their features and the Content in strict compliance with these Terms, the applicable laws and the terms of use applicable to any third-party features integrated into the sites but operated by third parties.

You hereby undertake to defend, indemnify and hold harmless the Company and its partners from and against all expenses (including, but not limited to, reasonable legal fees and expenses), costs, losses, liabilities, damages, arising out of or in connection with any claim, demand, action, proceeding, directly or indirectly resulting from or based on a breach by you (or your staff) of this warranty.

Neither the Company nor any other affiliate and/or party involved in creating, producing or maintaining any of the Company’s site and/or content on the sites shall be liable under any circumstances or any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the sites. 

Without limiting the foregoing, all content on the sites are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. 

The Company does not warrant or make any representations regarding the use of the materials in the sites, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. 

The Company likewise does not warrant or make any representations or guarantees that you will be successful in finance, strategy, or digital transformation by using the sites or the Company’s learning management system, technologies or services. 

You accept all responsibility for evaluating your own strategies, financials, digital transformation plans as well as executing your own business and services. Your capacity to develop a resilient organization is entirely dependent on your own strategies, methods and analysis; your execution of any plan or strategy; the expertise and skill used; the time you devote to the program and its homework; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals and organizations, the Company cannot and does not warrant or make any representations or guarantees regarding your success. 

The Company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that these sites, the content, and/or the materials available on these sites are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The Company shall not be responsible for any performance or service problems caused by any third-party websites or third-party or third-party service provider or third-party plug-in. 

Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

Limitations and disclaimers on liability 

The Company shall not be responsible for any performance or service problems caused by any third-party websites or third party service provider or third party plug-in (including, for example, your web service provider service, Stripe, Paypal or other payment services, your software and/or any updates or upgrades to that software). 

Any such problem shall be governed solely by the agreement between you and that provider. The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption. The Company also reserves the right to limit your use of the sites and/or the content or to terminate your account should the Company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the Company. The Company reserves the right to refuse access to the sites and/or the Company’s content, products and/or services to anyone in its sole discretion. The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption.

In no event shall the Company be liable for any special incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the sites, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Company has been advised or is aware of the possibility of such damages

You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:

·      your breach of this Agreement, 

·      any violation by you of law or the rights of any third party, 

·      any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Sites, 

·      your use of the Sites or any services that the Company may provide via the Sites, and 

·      your conduct in connection with the Sites or the services or with other users of the Sites or the services. 

The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing law – Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the Province of Ontario and federal laws of Canada.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous 

CHANGES TO THE TERMS OF USE: These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Updated August 2023