This website is owned and operated by Downey & Co., a digital marketing strategy and coaching business dedicated to empowering entrepreneurs. Throughout this site, the terms "we," "us," and "our" refer to Downey & Co.
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products or services, including online resources, coaching sessions, and consultations.
These Terms and Conditions apply to all Downey & Co. digital products, services, and resources, including but not limited to online courses, guides, templates, checklists, consultations, coaching programs, and any other educational or advisory material produced by Downey & Co., hereafter referred to as ("Services" or "Products").
By accessing and using this website, you agree to be bound by these Terms of Service. These terms apply to all users of the site, including visitors, clients, and contributors of content.
Please read these Terms of Service carefully. By using this website, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree to all the terms and conditions, please refrain from using our website.
We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates on our website. It's your responsibility to check this page periodically for changes. Continued use of the website following any changes constitutes acceptance of those changes.
If you have any questions regarding these Terms of Service, please don't hesitate to contact us at downey.warna@gmail.com.
Section 1: Terms of Use, Services, Products, & Email Subscriptions
By accessing or utilizing Downey & Co.'s services, products, or resources, you agree to the following terms and conditions:
Eligibility: You must be at least the age of majority in your state or province of residence to use our services or purchase our products. By using our services, you represent that you meet this requirement.
Acceptable Use: You may not use our products, services, or resources for any illegal or unauthorized purpose. You agree not to violate any laws in your jurisdiction while using our offerings.
Services:
• Consulting and Coaching: Our consulting and coaching services are non-refundable once the service has been rendered. Rescheduling or cancellation of appointments must be made at least 24 hours in advance.
Products (Downloads and Courses):
• Free Downloads & Courses: Free downloads and courses are provided for personal use and may not be redistributed or sold without our explicit permission. We reserve the right to modify or discontinue any free downloads or courses at any time.
• Purchased Downloads & Courses: Purchased downloads and courses are subject to our refund and cancellation policy, as outlined in Section X [insert relevant section number] of these Terms of Service.
Email Subscriptions:
• By subscribing to our email list, you consent to receive promotional emails, newsletters, and other communications from Downey & Co. You may unsubscribe at any time by clicking the "unsubscribe" link at the bottom of any email.
Prohibited Activities: You must not transmit any harmful software, viruses, or any code that could damage or disrupt our systems. Any violation of this will result in immediate termination of your access to our services and resources.
Section 2: General Conditions
Right to Refuse Service: Downey & Co. reserves the right to refuse service to anyone for any reason at any time.
Content Transmission: You understand that your content (excluding sensitive personal information) may be transferred unencrypted and may involve transmissions over various networks. This may include adjustments to conform to technical requirements of connecting networks or devices. Please note that Downey & Co. takes measures to protect your personal information in accordance with our Privacy Policy.
Prohibited Use: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use of the Services, or access to the Services without express written permission from Downey & Co.
Section 3: Accuracy, Completeness, and Timeliness of Information
Downey & Co. strives to provide accurate, complete, and up-to-date information on our website and in our services. However, we cannot guarantee that all information will always be entirely accurate, complete, or current.
The content on our website and in our services is intended for general informational and educational purposes only. It should not be considered a substitute for professional advice tailored to your specific circumstances. Any reliance on the information provided by Downey & Co. is at your own risk.
While we may reference past experiences or case studies, this information is not intended to guarantee specific results for your business. Digital marketing is dynamic and constantly evolving, and results can vary based on numerous factors beyond our control.
We reserve the right to modify the content on our website and within our services at any time. While we strive to keep our information current, we have no obligation to update every piece of content continuously. We encourage you to regularly review our website and materials for any changes.
Section 4: Modifications to Services and Pricing
Pricing Changes: Downey & Co. reserves the right to adjust pricing for our services, online courses, and digital products at any time without prior notice. Any changes in pricing will not affect services or products already purchased at the previous price.
Service Modifications: We may modify, update, or discontinue any of our services, online courses, or digital products at any time, with or without notice. This includes changes to content, features, availability, or delivery methods.
Liability: Downey & Co. will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our services or products. We encourage you to review our website and communications regularly for any updates or changes to our offerings.
Section 5: Services and Digital Products
Availability: Downey & Co.'s services, such as coaching programs and consultations, may be offered online or in-person, depending on the specific offering and your location. Digital products, such as guides and templates, are available exclusively online through our website.
Service Descriptions: We strive to accurately describe our services and digital products on our website. However, we cannot guarantee that the information provided will always be entirely accurate or up-to-date. We reserve the right to modify or update service descriptions at any time.
Limited Availability: Certain services, courses, or programs may have limited availability based on our capacity or other factors. We reserve the right to limit the number of participants or clients for any offering.
Pricing and Modifications: All prices for our services and digital products are listed in Canadian dollars (CAD) and are subject to change without notice. We reserve the right to modify, update, or discontinue any service or product at any time.
No Guarantees: While we strive to provide high-quality services and resources, we cannot guarantee that every offering will meet your specific expectations or that any errors in the services will be corrected. We encourage you to carefully review the descriptions and details of each service or product before making a purchase.
By using our services or purchasing our products, you acknowledge and agree to these terms regarding availability, pricing, modifications, and the absence of guarantees for specific results.
If you have any questions or concerns about our services or products, please contact us at downey.warna@gmail.com before making a purchase.
Section 6: Accuracy of Billing and Account Information
Client Information: You agree to provide accurate, complete, and up-to-date information when purchasing our services or products, including your name, email address, billing address, and payment details. You also agree to promptly update this information if it changes to ensure seamless communication and billing.
Payment Authorization: By providing your payment information, you authorize Downey & Co. to charge your chosen payment method for the agreed-upon fees for our services or products.
Payment Disputes: If you have any concerns or discrepancies regarding your billing statement, please contact us immediately at downey.warna@gmail.com. We will work with you to resolve any issues promptly.
Refusal of Service: Downey & Co. reserves the right to refuse or cancel any service agreement or product purchase at our discretion. This includes situations where we suspect fraudulent activity, inaccurate information, or a violation of our Terms of Service.
For more details regarding refunds or cancellations, please refer to our Refund and Cancellation Policy outlined in Section 4 of these Terms of Service.
Section 7: Third-Party Tools & Resources
Downey & Co. may recommend or provide access to third-party tools, software, or resources that we believe may be beneficial to your digital marketing efforts. However, we have no control over these third-party offerings and do not endorse or guarantee their performance, reliability, or suitability for your specific needs.
You acknowledge and agree that any use of third-party tools or resources is entirely at your own risk and discretion. We encourage you to carefully review the terms and conditions of any third-party provider before using their tools or services.
Downey & Co. is not responsible for any issues, damages, or losses arising from your use of third-party tools or resources. We are not liable for the content, accuracy, or availability of these external offerings.
Future Services and Features: Downey & Co. may introduce new services, features, or resources in the future. These new offerings will also be subject to these Terms of Service.
Section 8: Third-Party Links
Our website and services may contain links to third-party websites or resources that are not affiliated with Downey & Co. These links are provided for your convenience and reference only.
We are not responsible for the content, accuracy, or availability of any third-party websites or resources. We do not endorse or guarantee any products, services, or information provided by these third parties.
Downey & Co. is not liable for any harm, damages, or losses incurred in connection with any third-party websites or resources. Please carefully review the policies and practices of any third-party website before engaging in any transactions or interactions with them.
Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party provider.
Section 9: User Feedback and Submissions
Feedback and Suggestions: Downey & Co. welcomes your feedback, suggestions, and ideas for improving our services. By submitting feedback, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute your feedback in any media.
Content Submissions: If you choose to share content with us, such as testimonials, case studies, or other materials, you agree that we may use this content for promotional or marketing purposes, with proper attribution to you.
User Conduct: You agree that any content you submit will not violate any third-party rights, including copyright, trademark, or privacy rights. You also agree that your content will not be unlawful, abusive, obscene, or contain any harmful software.
Content Moderation: While we encourage open communication and feedback, Downey & Co. reserves the right to
monitor, edit, or remove any content that we deem inappropriate, offensive, or in violation of these Terms of Service.
No Obligation: Downey & Co. is under no obligation to respond to or compensate you for any feedback or submissions.
Disclaimer: We are not responsible for the accuracy or reliability of any content submitted by users. You are solely responsible for your submissions and their compliance with applicable laws and regulations.
Section 10: Personal Information
Your privacy is important to us. The collection and use of your personal information through our website and services are governed by our Privacy Policy. Please review the Privacy Policy to understand how we handle your data.
Section 11: Errors, Inaccuracies, and Omissions
While we strive for accuracy, there may be occasional errors, inaccuracies, or omissions in the information presented on our website or within our services. This could include pricing errors, outdated information, or typos.
e reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We do not guarantee that all information on our website or within our services will be constantly updated. We encourage you to verify any critical information before making decisions based on it.
Section 12: Prohibited Uses
In addition to the restrictions outlined in these Terms of Service, you are prohibited from using our website, services, or resources for any of the following:
• Any unlawful or unauthorized purpose.
• Soliciting others to engage in unlawful acts.
• Violating any international, federal,provincial, state, or local laws or regulations.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submitting false or misleading information.
• Uploading or transmitting harmful software, viruses, or any code intended to disrupt or damage our systems.
• Collecting or tracking the personal information of others without their consent.
• Engaging in spamming, phishing, or any other form of malicious online activity.
• Using our services for any obscene or immoral purpose.
• Interfering with or circumventing the security features of our website or services.
Downey & Co. reserves the right to terminate your use of our services or resources if you violate any of the prohibited uses.
Section 13: Warranty Disclaimer, Limitation of Liabilities
Downey & Co. is not responsible for any Content posted on our Website or in connection with our Services, whether caused by users of our Website or by Downey & Co. itself. While we strive to maintain a positive and professional online environment, we cannot control and are not responsible for the content shared by users.
Our Website or Services may experience temporary unavailability due to maintenance or other reasons. Downey & Co. assumes no responsibility for any errors, omissions, interruptions, delays, or communication failures that may occur.
Downey & Co. is not liable for technical issues arising from your use of our Website or Services, including malfunctions of your computer, software, or internet connection. We recommend using industry-recognized software to protect against viruses or other harmful components.
The information, content, and resources provided by Downey & Co. are offered "as is" and "as available." We make no warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of our services for any particular purpose.
Downey & Co. does not guarantee specific results from using our Services or resources. We encourage you to use your own judgment and discretion when applying any information or advice received from us.
We are not liable for any indirect, special, incidental, or consequential damages (including loss of business, profits, or data) arising from the use of our Website or Services, even if advised of the possibility of such damages.
By using our Website or Services, you agree to release Downey & Co. from any claims or liabilities related to the use of our offerings.
If you have any concerns about these disclaimers or limitations of liability, please contact us at downey.warna@gmail.com before using our Website or Services.
Section 14: License(s)
Limited License: Subject to these Terms and any additional guidelines or instructions provided within the Service, Downey & Co. grants you a limited, non-transferable, non-sublicensable, non-exclusive, and revocable license to use the Service for your personal, non-commercial use only. This includes access to any online courses, guides, templates, checklists, or other materials purchased from Downey & Co.
Your purchase of any Product grants you the right to use that Product in accordance with this License but does not constitute ownership of the underlying content or materials.
Restrictions: You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner (including by email or other electronic means) any material from the Services without the express written permission of Downey & Co.
Individual Use Only: The License granted herein is for your individual use only. You may not share, assign, or transfer your access to the Services with any other person or entity. Any attempt to do so will be considered a violation of these Terms.
Termination of Access: Downey & Co. reserves the right to terminate your access to the Services at any time if you violate these Terms. We will make reasonable efforts to notify you of any violation and provide an opportunity to rectify the situation. However, continued violation of these Terms may result in termination of your access without refund.
Section 15: Fees, Refunds, and Cancellation Policy
Fees:
Fees for our digital products, courses, coaching programs, and consulting services are clearly outlined on our website and in any relevant agreements. We reserve the right to modify our fees at any time, but any changes will not affect services or products already purchased.
Refunds and Cancellations:
• Digital Products (Guides, Templates, Checklists): Due to the nature of these digital products, they are non-refundable once accessed or downloaded.
• Online Courses: We offer a 14-day money-back guarantee on our online courses. If you are not satisfied with the course content within 14 days of purchase, you can request a full refund, provided you have not completed more than 25% of the course material.
• Coaching Programs and Consultations: We understand that circumstances may change. You can cancel your coaching program or consultation with a 24-hour notice for a full refund. However, no refunds will be issued for cancellations made within 24 hours of the scheduled appointment or for sessions that have already been completed.
Payment Plans:
If you opt for a payment plan for any of our services or products, you authorize us to continue charging your payment method until the plan is paid in full. You are responsible for all payments outlined in your payment plan agreement.
Chargebacks:
We encourage you to contact us directly to resolve any issues or concerns before initiating a chargeback with your financial institution. In the event of a chargeback, you agree to forfeit any bonuses, promotional offers, or additional materials associated with your original purchase.
Questions? If you have any questions regarding our fees, refunds, or cancellation policy, please don't hesitate to contact us at downey.warna@gmail.com.
Section 16: Indemnification
You agree to indemnify, defend, and hold harmless Downey & Co., its affiliates, contractors, employees, and agents from any claims, demands, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from your use of our Services, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any person or entity.
Section 17: Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Section 18: Termination
Downey & Co. may terminate these Terms of Service at any time, with or without cause, by giving you written notice. Your right to use the Services will terminate immediately upon any such termination.
You may also terminate these Terms of Service at any time by ceasing to use our Services.
Upon termination, your obligations under these Terms of Service will continue, including your obligations to pay any outstanding fees.
Section 19: Entire Agreement
These Terms of Service, along with any policies or operating rules posted on our website, constitute the entire agreement and understanding between you and Downey & Co. regarding your use of our Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Section 20: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nova Scotia, Canada.
Section 21: Changes to Terms of Service
Downey & Co. reserves the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 22: Contact Information
If you have any questions about these Terms of Service, please contact us at downey.warna@gmail.com.