Terms of Use & Conditions

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By visiting this website, you are consenting to the following:

Terms of Use and Conditions (in friendly terms)

This website contains intellectual property owned by Gabriella Volpe, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer of sale or, creative derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content from this site in whole or in part without Gabriella Volpe’s prior written consent.  Gabriella Volpe reserves the right to immediately remove your account access and access to GabriellaVolpe.com including any products or services offered through the site, without refund, if you are caught violating this intellectual property policy.

Heart blue  What about art and photography on this site?

All art and photography used on this website has been included with permission by the artist or photographer. Some images are public domain images which come with a permission to adapt and use without attribution. All other images belong to Gabriella Volpe. To be sure, please do not use images, demos, resources or content without linking back and crediting Gabriella Volpe.  If you are using an image that belongs to an artist/ photographer, please credit and link back directly to his/her site.  Those will be indicated below the image, if applicable.

Heart blue  What about Pinterest?

Pinning on Pinterest is permitted. If using an artist’s image that is not Gabriella Volpe’s, please credit and link back directly to his/her site.  You will know that they are not Gabriella’s images because there will be a credit below the photo.  If there is no credit, you can assume that the image belongs to Gabriella Volpe and, therefore, you are free to pin and link back to GabriellaVolpe.com.  For free printables, please link to the post itself, not the PDF link. Your courtesy is greatly appreciated.

Heart blue  And Facebook & Other Social Media?

Yes, you are permitted to freely share on social media. (Gabriella would love it if you did, in fact!) Simply link back to this site.

Heart blue  What if I’m a teacher working in a school?

Teachers working in an in-school setting are permitted to reproduce and share the free printables released on this website so long as the copyright information remains on the page.  For printables that are part of a product purchased, only the teacher who purchased the product is permitted to use and reproduce the documents (keeping the copyright information on the page).  If you would like to share a product you purchased with other teachers, kindly direct them to this site or to the link where you purchased the product. Your courtesy is greatly appreciated.

Disclaimer

This website is an educational and informational resource for homeschooling parents of children with special needs.  It is not a substitute for working with a therapist, health care practitioner, physician or licensed teacher on a one-to-one basis.  Gabriella Volpe does not guarantee the outcome of following the recommendations provided and her statements about the potential outcome are expressions of opinion only.  Gabriella Volpe makes no guarantee about the information and recommendations provided herein.  By continuing to use/ read/ participate in this website, you acknowledge that Gabriella Volpe cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within her control.  Therefore, following any information or recommendations provided on this website are at your own risk.  If you need professional advice, you should hire a therapist, health care practitioner, licensed teacher or other professional required for your particular situation.

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Terms of Use and Conditions (the full-grown-up legal terms)

BY VISITING GabriellaVolpe.com YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.


Heart blue  OVERVIEW

The terms “we,” “us,” and “our” refer to Gabriella Volpe. The term the “Site” refers to GabriellaVolpe.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.


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This Site contains a blog , digital products for sale and a consulting service. (the “Service”).
Use of GabriellaVolpe.com, including all materials presented herein and all online services provided by Gabriella Volpe to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.


Heart blue  USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site and the Service. Information provided on the Site and in the Service related to homeschooling and other information are subject to change. Gabriella Volpe makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Gabriella Volpe disclaims all liability for any inaccuracy, error, or incompleteness in the Content.


Heart blue  ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Gabriella Volpe will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.


Heart blue  LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.


Heart blue  REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.


Heart blue  ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.


Heart blue  CANCELLATIONS, REFUNDS & RETURNS

Cancellations, refunds, and returns will be stipulated on each individual product/ service purchased.


Heart blue  PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Heart blue  MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.


Heart blue  INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Gabriella Volpe. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Gabriella Volpe remains yours to the extent that you have any legal claims therein. You agree to hold Gabriella Volpe harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.


Heart blue  OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Gabriella Volpe, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service

Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.


Heart blue  CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will

post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.


Heart blue  LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Gabriella Volpe IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Gabriella Volpe HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Gabriella Volpe’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Gabriella Volpe, AND IF NO PURCHASE HAS BEEN MADE BY YOU Gabriella Volpe’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.


Heart blue  THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Gabriella Volpe. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


Heart blue  INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.


Heart blue  EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.


Heart blue  ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Gabriella Volpe representations, and understandings between us. No waiver of any of the provisions of this Agreement by Gabriella Volpe shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Gabriella Volpe.


Heart blue  NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:


Gabriella Volpe
9030 Boulevard Maurice Duplessis
CP 25260 CP Riviere-des-Prairies
Montreal, Quebec, H1E 7P9

gabriellavolpeconsulting@gmail.com


Heart blue  GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Quebec as applied to contracts that are executed and performed entirely in Quebec. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Canadian.


Heart blue  RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.


Heart blue  SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.


Heart blue  ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Heart blue CONSULTING SERVICE ACKNOWLEDGEMENT

By participating in a consulting session over the web, you acknowledge that, though Gabriella Volpe is a licensed teacher, she is unable to conduct the extensive analysis that she would in an in-person setting.  Therefore, the advice she provides during our consulting sessions is not intended nor implied to be a substitute for in-person professional advice.  The information provided in the consulting session should not be considered a substitute for in-person evaluation by a certified teacher to address my child’s individual needs.

By participating in Gabriella Volpe’s consulting services, you acknowledge that she is not a licensed psychologist, healthcare professional, rehabilitation therapist or legal counsellor and her services do not replace the care of psychologists, healthcare professionals or legal advisors.  Consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy, medical or legal advice whether for you, the parent, or for your homeschooled child.  Although Gabriella Volpe will always exercise her best professional efforts, skills and care, she cannot guarantee the outcome of consulting efforts and/or recommendations on her website GabriellaVolpe.com.  Her comments about the outcome are expressions of opinion only.  She cannot make any guarantees other than to deliver the consulting services purchased as described.

Updated: July 2014