Terms of Use and Privacy Policy

We are pleased that you are using the website (the “Site“) of Fred Carpenter and Associates Coaching Inc. (“Fred Carpenter and Associates“, “we” or “us“). By accessing the Site, you acknowledge that you have read, understood, and have agreed to be bound by the terms and conditions set out in these Terms of Use and Privacy Policy (the “Terms and Policy“) and its content.

You cannot use this Site without adult supervision if you are under the age of majority in the jurisdiction in which you live. If you are under the age of majority in the jurisdiction in which you live, you must review these Terms and Policy with your parent or legal guardian prior to using this Site.

We may revise these Terms and Policy at any time, and the most recent version will prevail. Your continued use of the Site shall be evidence of your agreement to be bound by any such changes. We encourage you to regularly review these Terms and Policy for updates.

Privacy and Personal Information

Please make sure to read the following privacy provisions carefully. They constitute our Privacy Policy with respect to your personal information such as your name, and any other personal details we collect and through which you can be identified (“Personal Information“). Personal Information does not include business contact information or contact details. Our Privacy Policy applies to you any time you submit Personal Information through the Site, except in cases where such Personal Information is publicly available. It also applies to every treatment of data or information that we receive from or about you. We comply with the privacy norms under the applicable Canadian and provincial legislation every time you access and/or browse the Site.

This Privacy Policy applies to our collection, use and disclosure of Personal Information in Canada.

When you browse the Site, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We use this along with your Personal Information to perform data analysis in order to improve the Site and to enhance your overall experience. We may share your Personal Information with our affiliates and service providers who process it on our behalf when required for business purposes. These parties are legally obligated to maintain the confidentiality of the Personal Information thus communicated to them. Their handling and use of your Personal Information is confined to the purpose for which it was specifically communicated. To the extent that any of our service providers are located outside of Canada, their handling of your Personal Information is governed by applicable foreign laws.

We take reasonable steps to provide adequate and appropriate protection of your Personal Information through the use of physical, electronic and procedural safeguards. We retain your Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet our legal obligations, and will not disclose it without your consent or as

required by applicable laws. We assume that you have consented to our reasonable collection and use of your Personal Information when you provide your Personal Information to us.

You may, with proof of entitlement, request access to your Personal Information in order to review its accuracy, or to request that we correct the Personal Information in our possession. We will process any updates, changes or deletion requests as soon as possible and in accordance with applicable laws.

We reserve the right to transfer your information if we sell or transfer all or a portion of our business assets (including, without limitation, in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).

Services

Fred Carpenter and Associates provides life coaching services to individuals. It does not provide therapy services of any sort such as psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals.

In your use of this Site, you understand that coaching does not prevent, cure, or treat any mental disorder or medical disease. Coaching is not to be used as a substitute for counselling, therapy of any sort including psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or professional advice typically offered by legal, medical or other qualified professionals. It is your exclusive responsibility to seek such independent professional guidance if and as needed.

Fred Carpenter and Associates is not a referral service and does not offer referrals for any other professional services.

Retention of Fred Carpenter and Associates

Should you retain Fred Carpenter and Associates, you may apply for on-line for session of no more than 30 minutes each, at a cost of $2.00 per minute plus applicable taxes. If your on-line application is accepted, you will be provided with details to allow you to schedule your session via Calendly, and to make payment.

• All coaching sessions are conducted via telephone.
• All scheduled sessions must be paid for up front and there will be no refunds for cancellations.
• Fred Carpenter and Associates reserves the right not to respond to requests for services submitted through the Site.

Professional life coaching services can be provided through a corporate benefit plan. Companies may offer our life coaching services to their employees as part of their benefits plan and we will customize a program tailored to each company.

Your Use of the Site

This Site is available to you for your own personal, non-commercial use.

You cannot use any portion of the Site for commercial purposes (for example, unless otherwise authorized by us, you cannot sell or otherwise distribute products for commercial purposes), or to violate any applicable law or regulation.

In addition, you may not:

• access or use, or attempt to access or use, the Site to take any action that could harm Fred Carpenter and Associates or any third party or interfere with the operation of the Site or which could disable or impair the Site;
• attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Site;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.

You agree to abide by all additional restrictions displayed on the Site, as they may be updated from time to time.

Our Intellectual Property

Fred Carpenter and Associates and its logo are our intellectual property and are protected by intellectual property laws. Any content available through our Site including podcasts and other materials are the intellectual property of Fred Carpenter and Associates.

You may not alter, broadcast, copy, create derivative works, distribute, download, license, manipulate, modify, reproduce, republish, sell, post, publicly display, transmit or upload or otherwise exploit our intellectual property in whole or in part, in any manner whatsoever, nor may you hold yourself out has having authority to so do. Fred Carpenter and Associates does not grant you any express or implied rights under or to any of our patents, trademarks, copyrights, trade secrets or other intellectual property.

Content

Coaching Content Provided through the Site

The contents of the Site including our podcasts are provided “as is” for general information use only and does not constitute personalized coaching advice. All content is for informational purposes only and should not be relied upon for any other purpose. The Site does not purport to provide medical, financial, legal or other professional advice and you should consult your own medical, financial, legal and other professional advisors for any such advice.

Fred Carpenter and Associates is not responsible in any way for your actions or inactions or for any direct or indirect result arising from your use of any content on this Site.

User Content

The Site may allow you to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content“). You remain the owner of your content. You must ensure that you own or are licensed to send us all of your content, meaning that you took the photo or video, or have permission to send us the photo or video, and that the photo or video is of you or by someone who consents to have the photo or video sent to us. By providing your content to us, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use any names, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). We may display your content on the Site or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so.

None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. We reserve the right to remove any of your content for any reason.

Cookies

When you use our website, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Aggregate, but not individual, cookie and tracking information may be shared with third parties.

Links to Other Websites

The Site contain links to, and may be linked from, third-party websites that we do not maintain. We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Site to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites. 

Disclaimers

WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE CONTENT OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT IT IS FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR CREATING AND IMPLEMENTING YOUR OWN PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING, DECISIONS, CHOICES, ACTIONS AND RESULTS ARISING OUT OF OR RESULTING FROM THE COACHING RELATIONSHIP AND FROM YOUR INTERACTIONS WITH FRED CARPENTER AND ASSOCIATES. AS SUCH, WE ARE NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTION OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY COACHING SERVICES WE MAY PROVIDE TO YOU.

Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES AND INCLUDING BUSINESS INTERRUPTION LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.

Indemnification

You agree to indemnify, defend and hold harmless Fred Carpenter and Associates and its affiliates, and all of our officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Site, from any responsibility or liability arising from or related to any coaching services we may provide to you, and from any violation of this Terms and Policy whether by you or by any person using your login credentials.

Compliance with Law

ACCESS TO THE SITE FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SITE.

Governing Law

These Terms and Policy are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its choice of law provisions.

Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Terms and Policy or the breach, termination, enforcement, interpretation or validity thereof, or your use of this Site (collectively, “Disputes“) will be settled through good faith negotiations, mediation and arbitration. In the event of any Disputes, you agree that (i) you will first attempt, in good faith, to resolve such Dispute through direct negotiation for at least thirty (30) days following your written notice of the dispute; and (ii) in the event a Dispute cannot be resolved during that time period, each party will submit the Dispute to mediation by a mutually agreeable mediator in Toronto, Ontario, Canada. In the event of mediation, each party shall bear its own costs of such mediation, including its own legal fees and its equal share of mediator fees. The parties and their representatives shall hold the existence, content and result of the mediation in confidence. All Disputes, which cannot be resolved through negotiation or mediation shall be resolved by binding arbitration pursuant to the Arbitration Act (Ontario). The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English.

General Information

If any provision of this Terms and Policy is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Terms and Policy will remain in full force and effect.

If we do not enforce any provision of this Terms and Policy, it does not mean we will not, and we are not waiving our right to, enforce it in the future.

Contact Us

If you have questions or concerns regarding these Terms and Policy, contact us at kindness@fredcarpenter.com or by regular mail at:
18 King St East, Suite 1400 Toronto, Ontario,
M5C1C4