Legal Information for Firm Nexus

Terms of Service

(Last Modified February 3, 2023)

1. Introduction and Definitions

Welcome to Firm Nexus! We’re glad you’re here. Our “Services” include visiting our websites https://firmnexus.com or https://go.firmnexus.com (collectively, the “Websites”) or purchasing a “Membership” to receive coaching and training materials (the “Materials”).

By using our Services or clicking the acceptance button during Membership sign-up, you agree to be bound by these Terms of Service (the “TOS”). If you don’t agree to these TOS, you are not authorized to use the Services. These TOS are a legal agreement between you and us.

If you’re using the Services on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these TOS. In such cases, “you” and “your” refer to that entity.

Firm Nexus is a Montreal, Canada-based company, and its affiliates, shareholders, officers, employees, and agents are collectively referred to as “Representatives.” “We,” “our,” and “us” in these TOS also refer to Firm Nexus and its Representatives.

“You” and “your” refer to Website visitors or Services users. A Services user who has purchased a Membership and is logged in is referred to as a “Logged-In User.”

Firm Nexus may modify these TOS at any time without prior notice. Changes to the TOS can be found at the URL provided. It’s your responsibility to check the TOS periodically for updates. Your continued use of the Services after any changes constitutes acceptance of those changes. If we make significant changes that materially affect your relationship with Firm Nexus, we’ll post a prominent notice or send an email to your Membership-associated email address when you first use the Services after the changes.

Please read these TOS in conjunction with our Privacy Policy, as both govern your use of the Services.

2. Contacting Firm Nexus Legal

For any questions or inquiries about these TOS, please contact us at:

Firm Nexus
Legal@firmnexus.com

Or by mail:

Firm Nexus C/O Profit Tuner Inc.
PO Box 1370
Durham ON,
Canada
N0G 1R0

3. General Conduct for Using the Services

You agree to follow these terms of service and any other applicable policies posted by Firm Nexus when using the Services:

  • Do not use the Services in a way that violates these TOS or any other policy of Firm Nexus.
  • Do not use the Services to infringe on any intellectual property rights of Firm Nexus or third parties.
  • Do not use the Services to send spam, including unsolicited advertising or bulk electronic messages, or to link to a spam or phishing website.
  • Do not use the Services to spread computer viruses, Trojan horses, worms, or any other malicious or disruptive code, files, or programs.
  • Do not overload the infrastructure of Firm Nexus or its third-party providers. Do not interfere with the proper functioning of the Services or any activities conducted on them. Do not bypass access measures or use the Services to crawl or scrape content in an unreasonable manner.
  • Do not modify or remove any advertising or promotions in connection with the Services.
  • Do not use the Services to collect information of third parties or in violation of Firm Nexus’s Privacy Policy, except as permitted by the Services.
  • Do not advertise or promote products or services without express written approval from Firm Nexus.
  • Do not interfere with any third party’s use of the Services.
  • Do not engage in any criminal or unlawful activity, or conduct that is harmful to any third party.

Use the Services in good faith and in compliance with all applicable laws.

4. Service Memberships

a. Memberships and Passwords

To access certain features in the Services, you need to purchase a Membership. This requires providing information and paying the fees.

You will choose a username and password during the registration process. You are responsible for maintaining the confidentiality of your password and for all activities under your account. If you become aware of any unauthorized use, you must notify us immediately.

If you are a logged-in user, it is recommended to log out at the end of every session. Firm Nexus and its representatives will not be held responsible for any losses or damages resulting from a failure to log out or unauthorized access using your account credentials.

Firm Nexus reserves the right to suspend or terminate your Membership at any time for any reason.

b. Age Requirements

To purchase a Membership, you must be at least 18 years of age or the age of majority in your jurisdiction.

c. Membership Information

To purchase an Starter Membership, you must provide the following information: first name, last name, email address, and mailing address.

By submitting the information, you represent and warrant that it is true and accurate to the best of your knowledge. Submitting false or misleading information may result in being banned from the Services.

5. Payment and License Terms

a. Membership Fees, Renewal & Refund Policy

The monthly Membership Fees for each level of membership can be found on the Firm Nexus website and are in American Dollars, which may be converted based on your location and credit card agreement. By joining a membership, you agree to pay the specified fees and any applicable taxes.

Your membership fee will be charged on the day you sign up (the “Initial Billing Date”) and will be automatically charged on the monthly anniversary of the Initial Billing Date. If you wish to cancel your membership and avoid further charges, you must do so 24 hours prior to the end of the current Billing Period. You may cancel through your dashboard after logging in.

No refund will be given for cancelled memberships in the middle of a billing period, except as stated in the 30-Day Guarantee section.

b. Billing Information and Processing

To pay your membership fee, you will need to provide your credit card number, expiry date, security code (CVV), and billing address if required. Payments for all memberships are processed securely through Stripe. The payment processor may change without notice and accepts various credit cards. Payment processing is subject to the rules and procedures of the payment processor and their terms of use. Firm Nexus and the payment processor are separate entities, and Firm Nexus is not responsible for any losses or damages resulting from payment processor errors or failures.

Credit card information is collected by the payment processor on their secure servers, while non-financial information may be used by Firm Nexus for invoicing and record-keeping purposes.

c. 7-Day Guarantee

If you are unsatisfied with your membership within the first 7 days, you may request a full refund by emailing help@FirmNexus.com. Refunds will be issued to the original credit card used for payment.

d. License to Materials

By purchasing a membership, Firm Nexus grants you a limited, non-transferable license to view, use, and download materials available to you as part of your membership. Sharing or repurposing materials for any other use besides the intended use constitutes a violation of these TOS and may result in cancellation of your membership.

6. Disclaimer for Financial Information

Financial and accounting information provided on the Services or by other users is for informational purposes only and should not be acted upon without consulting a professional advisor or thoroughly examining the information. Firm Nexus and its representatives are not responsible for any losses or damages resulting from reliance on this information and all financial or accounting information, materials, and interactions are provided without warranty.

7. User Content and Proprietary Rights

a. Intellectual Property Rights

You acknowledge and agree that:

The Services contain confidential information that’s protected by intellectual property and other laws.

Firm Nexus and/or its licensors own all rights, title, and interest in the Services, and content accessed through the Services, except for User Content (as defined below).

The “Intellectual Property Rights” includes patent, copyright, trade secret, trademark, and other proprietary rights worldwide, whether registered or not.

You agree to not, and not allow any third party to:

Copy, sell, license, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or attempt to derive source code from the Services or content accessed through the Services, unless permitted by the TOS or the Services’ functionalities.

Circumvent or defeat the security in the Services.

Remove, obscure, or alter Firm Nexus’s or any third party’s proprietary rights notices.

The content, arrangement, and layout of the Services, including trademarks, images, text, and computer code are proprietary to Firm Nexus or its licensors. Unauthorized use may violate civil or criminal laws, including intellectual property laws. Third-party property used in the Services, including computer code, is also subject to the above restrictions.

b. Submitted and uploaded  Information

If you communicate Feedback (suggestions or proposals) to Firm Nexus, it will own all rights, title, and interest in the Feedback and may use it without restriction. You assign all rights in the Feedback to Firm Nexus, waive your moral rights, and agree to assist Firm Nexus in documenting, perfecting, and maintaining its rights to the Feedback. You acknowledge that providing Feedback does not entitle you to compensation.

c. Policy on User Content

As a Website visitor or Logged-in User, you may create and submit User Content (text, comments, documents, photos) through the Services, which may be visible to other users. By creating and submitting User Content, you agree to be bound by Firm Nexus’s User Content Policy:

By submitting User Content, you acknowledge and agree that:

  • Your User Content does not infringe any third-party intellectual property or proprietary rights. You confirm that the User Content is your own original work or you have a valid license to display it. You represent that you have all the necessary rights, licenses, consents, and permissions to use and authorize Firm Nexus to use the User Content and any intellectual property or proprietary rights associated with it. Additionally, you have obtained all necessary consents to collect, use, and disclose any personally identifiable information and images (of yourself or third parties) in the User Content for its use in the Services and these TOS.
  • You retain your ownership rights in the User Content, but by submitting it to Firm Nexus, you grant Firm Nexus a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, edit, translate, reproduce, distribute, display, perform, and fully exploit the User Content in connection with the Services and Firm Nexus’s business or activities. This includes promoting and redistributing part or all of the Services (and derivatives thereof) in any media format and through any media channels, without any compensation to you. Firm Nexus may retain copies of User Content that have been removed or deleted, but not display or distribute them.
  • You waive any moral rights you have in the User Content and grant other Services users a non-exclusive license to access and use, reproduce, distribute, display, and perform the User Content as permitted through the Service’s functionality and these TOS. The licenses granted for User Content are perpetual and irrevocable and apply globally and in all media.
  • You will not submit or display User Content that is illegal, such as content that is threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of privacy, or tortious. Additionally, you will not submit or display User Content that is racist, sexist, homophobic, or offensive to any minority or group; contains adult content or political militancy; or contains viruses, mass mailing, chain mailing, or any other form of spam. You will also not include links to any third-party website that is a spam or phishing site or violates any applicable laws in your User Content.
  • You acknowledge that accessing or downloading User Content is at your own risk, and you will be solely responsible for any damage or loss to yourself or a third party that arises from it. Firm Nexus is not responsible in this regard.
  • If you believe that a user has posted User Content that violates the User Content Policy, please email help@firmnexus.com. Firm Nexus reserves the right to remove or modify the User Content or take any other action as it deems necessary.

User Content may or may not be edited, modified, or checked by Firm Nexus prior to posting or display. Firm Nexus reserves the right to refuse to display any User Content or remove or modify any User Content that violates the User Content Policy without notice.

Firm Nexus and its representatives are not liable for any damages, monetary or otherwise, arising from your submission or use of User Content, its removal or modification, or your reliance on it, and they are not responsible in this regard.

8. External Links

Firm Nexus or other Logged-in Users may occasionally provide links to other websites or services. These links may lead you to websites that are not governed by these TOS. When accessing these third-party resources, you do so at your own risk. Firm Nexus provides these links as a convenience and is not responsible for your use of those websites or services, including protection of your privacy or collection of personal information. We advise you to review the Terms of Use and Privacy Policy of any website you visit. Firm Nexus does not endorse or guarantee the content, products, or services available on these linked websites.

Firm Nexus will not be held liable for any damages, direct or indirect, resulting from your use of linked websites or services, including but not limited to: information on these websites, viruses, and actions of website operators.

9. Service Interruptions

The Services may temporarily be unavailable for maintenance or modifications. Although we will make efforts to minimize the interruption, Firm Nexus will not be responsible for any losses or damages resulting from the interruption of the Services.

10. Termination of Services and TOS

Firm Nexus may terminate your access to the Services, with or without cause, by blocking your IP address, revoking your Membership credentials, or otherwise ending your access to the Services. This can be done without notice if Firm Nexus determines that you have violated the TOS or Privacy Policy.

You can also end your access to the Services by canceling your Membership in the Account Information section when logged in.

Firm Nexus may also discontinue the Services at any time and without notice. Firm Nexus is not liable for any losses or damages resulting from the termination of your access to the Services or the discontinuation of the Services.

Termination of Services or your access to the Services will end the TOS between you and Firm Nexus. The provisions of these TOS that should survive termination, such as intellectual property, disclaimers, indemnity, and limitations of liability, will still be in effect after termination.

11. Disclaimer of Warranties

You acknowledge and agree that using the Services, the information provided on them (whether by Firm Nexus or third parties), or any activity resulting from your use of the Services (including but not limited to your reliance on any Materials or Interactions) is solely your responsibility and risk. The Services, any Materials downloaded from them, and any third-party materials are provided “as is” and “as available,” and you are solely responsible for any damage to your computer system or loss of data that results from downloading, streaming, or accessing any material through the Services or any other Services functionality, as well as any financial or other losses resulting from your use of the Services, the information provided on them, any Materials downloaded from them, or any activity resulting from your use of the Services (including but not limited to your reliance on any Materials or Interactions).

The information and resources provided through the Services, whether written or produced by Firm Nexus staff, freelance writers, or other subcontractors hired by Firm Nexus, are intended to be as accurate as possible at the time of writing or production. Every effort has been made to ensure the accuracy and up-to-dateness of the information from the Services, but certain information may change and errors or omissions may occur. Firm Nexus will not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information or from any omission on the Services or the information provided on them, or from your reliance on such information whether it is correct or not.

Firm Nexus explicitly disclaims all warranties, express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information provided on them, and any Materials downloaded from them, as well as any third-party materials, will be uninterrupted, error-free, accurate, reliable, and free of viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Firm Nexus, its affiliates, and their respective Representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects, errors, or omissions will be corrected; (iii) any content (whether provided by Firm Nexus or third parties) available on or through the Services is free of viruses or other harmful components; (iv) the functionalities of the Services will work equally well in desktop and handheld or tablet device environments; or (v) the results of using the Services or any activity resulting from your use of the Services (including but not limited to your reliance on any Materials or Interactions), or any content downloaded from the Services, will meet your business or other requirements.

Some content displayed on the Services may belong to or be provided by third parties, including other Logged-in Users. You acknowledge that Firm Nexus takes no responsibility for such content.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services or any other websites we link to, and all operations on this Services, are warranted only to the minimum legally required amount.

12. Limitation of Liability

Firm Nexus, its Representatives, or licensees will not be liable for any indirect, special, consequential, exemplary, punitive damages, or other damages, or for any losses, damages, liabilities, costs, or expenses arising from or relating to: (i) your access, use, misuse, or inability to access or use the Services; or (ii) the interruption, suspension, or termination of any part or all of the Services, regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability, or any other theory or liability) even in the event that we have been notified that there is a possibility of such damages. The total amount of compensation we may be liable to pay for any claims arising from your use of the Services shall not exceed $100 or the Membership Fees paid in the past six months, whichever is higher, regardless of what is stated elsewhere in the TOS.

By using the Services provided by Firm Nexus, you agree that Firm Nexus, its Representatives, and licensees cannot be held liable for any damages, including but not limited to: loss of profits, goodwill, use, data, or other intangible losses, arising from the use of the Services, the information provided, or reliance on any materials or interactions on the Services. This includes damages caused by errors, omissions, performance failures, interruptions, defects, delays, viruses, theft, destruction, unauthorized access, or any other failure in the operation of the Services. Note that some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so these limitations may not apply to you.

The limitations and exclusions of liability may not apply to you in some jurisdictions which do not permit the exclusion or limitation of liability for incidental or consequential damages.

13. Indemnity

You agree to protect Firm Nexus and its Representatives from any losses, costs, liabilities, and expenses, including attorney’s fees, arising from: (i) your use of the Services and the information on it, including any materials you download; (ii) your participation in any activities related to the Services and information; (iii) your violation of the TOS or Privacy Policy; or (iv) your violation of any third party’s rights.

14. Jurisdiction and Governing Law

The terms of this TOS and your use of the Services will be governed by and interpreted according to the laws of Ontario, Canada, and any relevant federal laws. Any legal disputes or actions between you and Firm Nexus must be brought before the courts located in Toronto, Ontario, Canada.

However, Firm Nexus retains the right to seek injunctive relief or enforce a judgment in the jurisdiction where you reside or are located if necessary. This may include bringing a lawsuit against you in a court of competent jurisdiction in your area, in order to obtain a judgment that may not be enforceable in Toronto or to enforce a previously obtained judgment.

14. Jurisdiction and Governing Law

The terms of this TOS and your use of the Services will be governed by and interpreted according to the laws of Ontario, Canada, and any relevant federal laws. Any legal disputes or actions between you and Firm Nexus must be brought before the courts located in Toronto, Ontario, Canada.

However, Firm Nexus retains the right to seek injunctive relief or enforce a judgment in the jurisdiction where you reside or are located if necessary. This may include bringing a lawsuit against you in a court of competent jurisdiction in your area, in order to obtain a judgment that may not be enforceable in Toronto or to enforce a previously obtained judgment.

15. Miscellaneous Provisions

  • The TOS, together with the Privacy Policy, constitute the entire agreement between you and Firm Nexus regarding your use of the Services and replaces any prior agreements between the two parties.
  • In the event of a failure by Firm Nexus to fulfill its obligations under the TOS, this will not be considered as a breach of contract if the cause of such failure is beyond Firm Nexus’s control, including, but not limited to, technical failures, electronic or communication failures, or events of force majeure.
  • In case a court of competent jurisdiction declares any provision of the TOS or Privacy Policy as invalid, both parties agree that the court will make efforts to uphold the original intentions reflected in the provision. The other provisions of the TOS or Privacy Policy will remain in full force and effect.
  • The non-exercise or enforcement of any right or provision in the TOS by Firm Nexus does not constitute a waiver of such right or provision, which will still be available for Firm Nexus to enforce.
  • The section headings in the TOS and Privacy Policy are for convenience only and do not hold any legal or contractual significance.

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(Last Modified February 3, 2023)

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