Spicer Facilitation is a sole proprietorship offering facilitation and learning services throughout Newfoundland and Labrador and the rest of Canada.  These Terms and Conditions relate to your use of our website https://spicerfacilitation.ca/(the “Website”).  This Website was created to share information and updates about our business and events. 

  1. Acceptance of Terms 

These Terms and Conditions for the Website constitute a legal agreement and are entered into by and between you, the user, and Spicer Facilitation (“Company,” “we,” “us,” “our”).  The Terms and Conditions, together with the Privacy Policy, collectively govern your access to and use of, including any content, functionality, and services offered through the Website.  By visiting or using the Website you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to the Website. By accessing or using the Website you agree to be bound by these terms and our Privacy Policy and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, please do not use the Website. 

  1. Modification of Terms

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

  1. Intellectual Property Ownership 

You may only use our Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, scrape, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:  

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; 
  2. reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; or
  3. we grant you written permission. 

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

  1. Privacy 

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services. 

  1. Cookies 

By using our Website, you consent to the use of cookies and agreeing on the Privacy Policy of our hosting provider Gavamedia. These cookies are used to store information including visitors’ preferences, and the pages on the Website that the visitor accessed or visited. Some cookies are necessary to allow you to browse our Website, use its features, and access secure areas. 

You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, you may experience a degraded experience with us. You should visit Gavamedia page for a detailed explanation about their cookies. 

  1. Disclaimers 

The Website is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We do not guarantee that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  

  1. Limitation on Liability 

We shall not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Website or in reliance on the information available on the Website, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. Access to and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. 

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms, will at all times be limited to a maximum of fifty Canadian dollars (CAD $50). The existence of more than one claim will not enlarge this limit. 

  1. Governing Law 

You expressly agree that any disputes, claims, complaints or actions you may choose to advance arising from your use of the Website will be decided by the courts established under and applying the laws of Newfoundland and Labrador and the laws of Canada applicable therein. 

  1. Entire Terms 

 Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision.  If any provision of these terms is held to be invalid or unenforceable, the other provisions of these terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Version 1.0 – Effective as of February 20, 2023