Terms of Use

 

The following TERMS OF USE POLICY is subject to change at any time and at the sole discretion of the site owner and operator. Please visit regularly for updates.

TERMS OF USE
Please read the following terms of use relating to your use of this site, and all sites listed under our brand, carefully. By using these sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.

Owners and Collectors of Information
These terms of use apply to your use of all of the Sites and services owned, hosted, or operated or by BrainPower Business Group Inc. (collectively “we,” “us,” or “our”), including BrainPowerBusiness.com, BrainPowerPublishing.com, BrainPowerBusinessAcademy.com, BrainPowerConsulting.com, BrainPowerBusinessRadio.com, BrainPowerBusinessTV.com, and any other site that we have owned or operated, do own and operate, or may own or operate in the future, including social media sites (collectively, the “Sites”). 

Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of our Sites may link to or direct you to.

These terms of use also apply to all our our programs, products and services.

If you have any questions about these terms of use, you may contact us at:
BrainPower Business Group Inc.
Box 37083 Millstream PO
Victoria, British Columbia, Canada  V9B 0E8
1-844-920-9229 (Toll Free Canada & US)
250-634-8959 (Victoria, BC)
Email: hello@BrainPowerBusiness.com

Please note that the “Terms of Use” are different and separate from the “Terms and Conditions” associated with registering for any of our live events and seminars. You can view all of the terms and conditions related to our live events in the TERMS, DISCLAIMERS AND CONDITIONS FOR ALL BRAINPOWER BUSINESS GROUP INC. EVENTS sections below.

Restrictions
The content of our Sites, programs, products and services is protected by copyright and trademark laws, and are the property of the Sites owners. “Transforming I.D.E.A.S. Into Income,” “A Thriving Business and Extraordinary Life Await,” “Create CashFlow From What You Know,” and “Bright Ideas for Your Business and Life” are trademarked by Mischelle vanThiel, and all information on the Sites is copyrighted by BrainPower Business Group Inc.

Unless otherwise noted, you may access and use the information and materials within the Sites, programs, products and services for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright in the Sites, programs, products and services. You must obtain written permission from us or any other entity that owns intellectual property in the Sites, programs, products and services before you may publish, distribute, display, or commercially exploit any material from them.

By using the Sites, programs, products and services you agree to abide by all copyright notices or other posted restrictions. These terms of use apply only to our Sites, programs, products and services and not to the Sites of any other companies or organizations, including those we link to.

We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products, or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods, or services available on any other site.

Other sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of our Sites, at our discretion at any time.

Events, Information, and Speaker Changes
The events, information, and speakers listed in our Sites, programs, products and services are subject to change without notification.

Submissions
We welcome your comments about any of the Sites, programs, products and services. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our events or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our team might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions, or materials. If, despite our request, you send us any idea, suggestion, or material (“Submission”), it shall become our property.

We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

Forums
A “forum” means any message board, chat room, user review forum, or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find in the Sites, programs, products and services in order to contribute to any forum.

You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software, or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in radio programs, television programs, Internet programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

Registration
We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use of use, any of the forum member guidelines, or for any other behaviour that we in our discretion believe is inappropriate.

Disclaimers
The information, services, products, claims, event topics, and materials in our Sites, programs, products and services are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction that are clearly labelled guarantees within our Sites.

Neither we, nor any of our respective licensors or suppliers, warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers that makes them available are free of viruses or other harmful components. Neither we, nor any of our respective licensors or suppliers, warrant or make any representations regarding the use or the results of the use of the services, products, information, or materials in the Sites in terms of their correctness, accuracy, reliability, or otherwise.

You (not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair, or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We do not endorse, warrant, or guarantee any speakers, products, or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information in the Sites, programs, products and services, even if advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites, programs, products and services.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods, or services you receive from a guest speaker on our Sites or at one of our events. We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

No Professional Advice
The information contained in or made available through the Sites, programs, products and services (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death.

You alone are responsible and accountable for your decisions, actions, and results, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Earnings Disclaimer
We do not believe in nor do we support “get rich quick” programs. We only believe in and support hard work, adding value, building a professional career, and serving others with excellence, honesty, and integrity. Our programs take real work and discipline, as does any professional continuing education program. Please do not enroll in our programs or events if you believe in or are seeking the “get rich quick” myth.

As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, strategies, programs, coaching or events. We only seek to help by giving content, direction and strategies. What we can guarantee is your satisfaction as outlined specifically in our respective products, services, programs and events.

You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our Sites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Any financial numbers referenced here, or in any of our Sites, programs, products and services, are illustrative of concepts only and should not be considered average earnings or promises for actual or future performance.

Making decisions based on any information presented in our Sites, programs, products and services should be done only with the knowledge that you could experience risk or losses similar to any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change, your business or finances. You alone are responsible and accountable for your decisions, actions and results, and by your participation or registration here, you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

Parental Permission
Our Sites, programs, products and services are not directed to individuals under the age of 18, and we will not knowingly collect personally identifiable information from individuals under the age of 18. 

We may, at our discretion, require individuals under the age of 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content or events to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Explicit Language and Mature Content
In our Sites, programs, products and services we may occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites, programs, products and services.

Confidentiality and Non-Compete
Users of our Sites, programs, products and services hereby understand that the tools, processes, strategies, materials, and information presented in our Sites, programs, products and services are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach, or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect its rights.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the province of British Columbia, Canada. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

TERMS, DISCLAIMERS, AND CONDITIONS FOR ALL BRAINPOWER BUSINESS GROUP INC. EVENTS
Please carefully read the following terms and conditions relating to your participation in any BrainPower Business Group Inc. (“Promoter”) events, seminars or coaching sessions (“Event/Events”). These terms and conditions are relevant to all past, current, and future BrainPower Business Group Inc. Events. By registering for Events at any one of our locations (“Hotel”), you (the “Attendee”) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for or attend our Events.

Attendee Conduct
Promoter requires all Attendees to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout our Events, even during non-scheduled downtime and breaks. Promoter reserves the right to ask Attendee and/or their guests to leave Events and the Hotel immediately should they be deemed rude, uncooperative, unprofessional, intoxicated, or in possession of alcohol or any illegal substance. In such case, the Attendee’s tuition/fees for the Event will not be reimbursed under any circumstances, and they will not receive any future products, services, or correspondence from Promoter. The Attendee will also not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.

Liability Waiver
While we take every possible measure to ensure Attendee safety at our Events, we cannot control everything. For this reason, the Attendee is legally responsible for their safety and behaviour and agrees to, and is held legally liable to, the following statements:

I, the willing Attendee of the Event, hereby accept all risk to my health and of my injury or death that may result from participating in the Event and I hereby release Promoter, BrainPower Business Group Inc., Mischelle vanThiel, and their officers, employees, interns, contractors, sponsors, volunteers and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Event, whether caused by negligence of the Promoter, its governing board, officers, employees, or representatives, or otherwise.

I further agree to indemnify and hold harmless Promoter, BrainPower Business Group Inc., Mischelle vanThiel, and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Event. Under no circumstances will Promoter or Mischelle vanThiel or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Event.

Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Event, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment.

I will notify the Promoter verbally and in writing if I am at any time injured prior to, during, or after the Event in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed. However, I understand that the Promoter is not legally obligated to act on that information in any way or to provide any medical service whatsoever to me.

I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Event that I will notify the Promoter and that the Promoter retains the right to ask that I not participate in portions of or the entirety of the Event.

Liability Disclaimer: No Professional Advice
The information contained in or made available by the Promoter, Mischelle vanThiel, or any third-party through our Events or their Sites or products, programs and services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Promoter does not offer any professional personal, medical, financial, or legal advice and none of the information contained in our Events should be confused as such advice.

Neither the Promoter, Mischelle vanThiel, nor their assigns, sponsors, speakers, partners, contractors, or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages to the Attendee or the Attendee’s business, including economic loss, that may result from participation in our Events or from the use of, or the inability to use, the materials, information, or strategies communicated through our Events or any products or services provided pursuant to our Events, even if advised of the possibility of such damages.

Under no circumstances, including but not limited to negligence, will the Promoter or Mischelle vanThiel be liable for any special or consequential damages that result from the Attendee’s participation in our Events. You, the Attendee, alone are responsible and accountable for your decisions, actions, and results, and by your participation in our Events, you agree not to attempt to hold us, the Promoter or Mischelle vanThiel, liable for any decisions, actions, or results that you make or experience in business or in life due to your participation in our Events at any time, under any circumstance.

Confidentiality and Non-Compete
The Attendee hereby understands that the tools, processes, strategies, materials, and information presented in our Events are confidential, copyrighted, and proprietary to the Promoter and agrees not to record, duplicate, distribute, summarize, teach, or train from the Seminar materials in any manner whatsoever without the express written permission of the Promoter. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

Youth Policy
Children under the age of 16 are not permitted to attend our Events, and teens between 16 and 18 years of age must be accompanied by a parent or guardian throughout the entire Event.

Adult Language/Content
During our Events, we will discuss several topics relating to personal and professional growth. We may also occasionally use adult or profane language to emphasize a point or connect with or surprise the audience (though we will never be deliberately lewd, and we will always use tact and discretion in doing so). Participants who are uncomfortable with such topics or language should not attend our Events.

Audio/Visual Rules and Release
Attendees may not, under any circumstance, use any type of recording device to capture the information provided at our Events. No recording devices, photography, or videography is allowed in the Event room. By participating in our Events, the Attendee understands that portions of the Event may be recorded in video and audio and/or captured in still and/or digital photographs by the Promoter.

The Attendee agrees that the Promoter and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising, or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee.

The Attendee understands and agrees that all recordings from the Promoter’s Events are the exclusive property of the Promoter and the Attendee does not ask for or expect compensation for the use of recordings or photographs in which the Attendee appears or speaks. The Promoter owns all rights of any audio, video, and/or photograph captured during the Promoter’s Events.

Privacy Policy and Terms of Use
By visiting our Sites and participating in our Events, Attendees acknowledge and agree that they are subject to the Privacy Policies and Terms of Use of the Promoter, as listed on our Sites.

Cancellation Policy
Once the Attendee registers for the Event we make extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, we incur significant administration challenges, expenses, and loss of business. Given this fact, we do not accept cancellations or issue refunds 15 days prior to the event start date. The Attendee seeking to cancel their registration within 15 days of the event start date will not, under any circumstances, receive a refund.

Again, this is due to the extremely limited seating for an Event of this nature and with this calibre of guest speakers. If you are unsure of whether or not you can attend the Event, please do not register. If, for whatever reason, you are unable to attend the Event after you have registered and prior to the Event commencing, we will happily transfer your ticket to someone else or allow you to attend a future BrainPower Business Group Inc. Event on the same topic at our sole discretion.

Note: The reason we have a cancellation policy like this is because each Event typically sells out and when an Attendee cancels, we have to manage the administration challenges as well as undertake additional marketing expense to fill the spot. That is why we allow time to cancel, but within 15 days prior to the Event start date, we do not issue refunds. Given the number of Attendees, it is important for us to maintain this policy. This is our only method to ensure that serious participants signup and that we do not lose business on empty seats. Attendees can request cancellations or to attend a future event via the correspondence information shown below.

For correspondence, contact:
BrainPower Business Group Inc.
Box 37083 Millstream PO
Victoria, British Columbia, Canada  V9B 0E8
1-844-920-9229 (Toll Free Canada & US)
250-634-8959 (Victoria, BC)
Email: hello@BrainPowerBusiness.com

Earnings Disclaimer
Our standard Earnings Disclaimer, as indicated above, also applies to all of our Events.

Event Satisfaction Guarantee
As stated on our Site and in our marketing materials, we guarantee that Attendees will be 100% satisfied with our Events should they attend the entire Event. Satisfaction is defined as the Attendees belief that we have delivered on what we have promised in promoting the Event based on our Event registration site(s). If Attendees are not satisfied at the conclusion of the Event after having attended the entire Event, and they notify us in the manner described herein, we will refund their tuition/tuition portion of total fees paid for the Seminar. Airfare, other travel-related expenses, meals, and accommodations will not be refunded by the Promoter or Mischelle vanThiel under any circumstance.

Participants who are not satisfied with the Event must, at the immediate conclusion of the Event, notify one of our staff members of their dissatisfaction in writing. Unsatisfied Attendees must also turn in all of their course materials, bonuses, or other goods provided by the Event leader and/or guest speakers as well as their personal notes taken during the Event. An Unsatisfied Attendee will be asked to submit a letter explaining their reasons for dissatisfaction. Any reimbursements will be made within 30 days of the Event. All reimbursements are at the sole discretion of the Promoter and all Promoter decisions are final and binding. Any statements of dissatisfaction or requests for refunds received after 24 hours of the event will not qualify for this guarantee.

Note: A guarantee represents a promise about the quality of services delivered; if an attendee never experienced the services (i.e. does not attend the Event), the guarantee does not apply. Further, the guarantee cannot be substituted or confused with the Cancellation Policy.

Program Satisfaction Guarantee
As stated on our Site and in our marketing materials, we guarantee that Program Participants will be 100% satisfied with our Program should they fully complete the entire Program. Satisfaction is defined as the Participant’s belief that we have delivered on what we have promised in promoting the Program based on our Program registration site(s). If Participants are not satisfied at the conclusion of the first 30 days after the Program has commenced, and they notify us in the manner described herein, we will refund their tuition/tuition portion of total fees paid for the Program. Airfare, other travel-related expenses, meals, and accommodations will not be refunded under any circumstance.

Participants who are not satisfied with the Program must notify us of their dissatisfaction in writing, within 30 days from the Program start date. No refund requests will be considered after this time period has passed. Unsatisfied Participants must also turn in all of their completed course materials, bonuses, or other goods provided as part of the Program. An Unsatisfied Participant will be asked to submit a letter explaining their reasons for dissatisfaction. 

Note: A guarantee represents a promise about the quality of services delivered; if a Participant never experienced the services (i.e. does not fully complete the Program work by watching the videos, completing the exercised, doing the readings, filling our the workbooks, etc.), the guarantee does not apply. This is why we require all COMPLETED coursework be submitted along with any request for a refund. Further, the guarantee cannot be substituted or confused with the Cancellation Policy.

Review and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. Attendee/Participant agrees that any dispute that arises out of or relates to these Terms will be resolved via non-binding mediation in the Province of British Columbia, Canada, via a professional mediator obtained by the Promoter and if a successful mediation is not reached, to binding arbitration arbitrated in the Province of British Columbia, Canada.

If any of these Terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

Updates
These Terms are subject to change at any time and at the sole discretion of BrainPower Business Group Inc. Please visit the Sites regularly for updates.