Terms of Service
BLACK MANE INNOVATIONS (“WE”/”US”/THE “COMPANY”) OWNS AND OPERATES THE WEBSITE
LOCATED AT WWW.MARCLAFLEUR.COM (“WEBSITE”) AND SERVICE (AS DEFINED BELOW). THESE TERMS
OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE
WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW
THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE
THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR
UPDATED BY THE COMPANY FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE
CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS
OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE
SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT
MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS
STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.IN
ORDER TO USE THE WEBSITE AND SERVICES (DEFINED BELOW). FOR INFORMATION ON HOW WE USE
YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN
INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY
DO NOT USE THE WEBSITE OR SERVICES.
1. The Service. The Company provides a direct-to-consumer sales and delivery service for various
items, including the book “True Founder: What No One Else Has the Guts to Teach You About
Starting Your First Business” by Marc LaFleur (the “Product”), through the Website (the
“Services”). All prices listed on the Website do not include the cost of shipping or the applicable
taxes.
2. Deliveries. At our discretion, orders for the Book made through our Website may be shipped
directly to you, or shipped from a warehouse using a third party carrier such as FedEx or UPS.
3. Promotions. We may advertise a discount in connection with the use or potential use of the
Services or the purchase of specially marked products (each a “Promotion”) on the Website.
Additional terms of a Promotion may be displayed or otherwise transmitted therewith and
otherwise governed accordingly. We reserve the right to vary or discontinue any Promotion at
any time without any notice or liability to you. Any change will take effect immediately, unless
stated otherwise.
4. User Conduct. In using the Services, you agree that you will comply with these terms and all
applicable laws, rules, and regulations at all times when using the Services and during any other
dealings with the Company. The Company reserves the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce these Terms of Use, including
investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud,
security or technical issues, (iv) respond to user support requests, or (v) protect the rights,
property or safety of our users and the public.
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5. Restrictions on Use of the Services. In using the Website and Services you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
o is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or
is otherwise objectionable;
o you do not have a right to make available under any law or under a contractual
relationship;
o infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party (including privacy rights);
o contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment or data or the Website or that of any users or viewers
of the Website or that compromises a user’s privacy; or
o interferes with or disrupts the Website or servers or networks connected to the
Website, or disobeys any requirements, procedures, policies or regulations of networks
connected to the Website or probes, scans, or tests the vulnerability of any system or
network or breach or circumvent any security or authentication measures/
- intentionally or unintentionally violate any applicable local, state, national or international law
or regulation;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the
Website; and
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse
engineer any part of the Company’s Website or any software provided as part of the Website,
except to the extent the foregoing restrictions are expressly prohibited by applicable law.
The Company reserves the right, in its sole discretion, to suspend, limit or terminate your access to
the Website and Services with or without notice at any time for any violation of the User Conduct
terms of section 4 or this section 5.
6. End User License. The Website and Services, and the information and materials contained therein,
are the property of the Company and its licensors, and are protected from unauthorized copying
and dissemination by copyright law, trademark law, and other intellectual property laws. Subject
to the terms of this Agreement, the Company grants you a non-transferable, non-exclusive,
license to use the Website and products purchased on the Website for your use. Nothing in the
Terms gives you a right to use the Company’s name, trademarks, logos, domain names, and other
distinctive brand features without our prior written consent. You shall not attempt to override or
circumvent any of the usage rules or restrictions on the Website. Any future release, update, or
other addition to functionality of the Website shall be subject to the terms of these Terms.
7. Payments. All payments (i.e., product fees, sales tax and shipping fees) will be automatically
charged by our payment processors in full to your credit card on the day that the products ship.
8. No Returns. We cannot accept returns of any Products delivered to you, and accordingly, it is not
the Company’s policy to provide refunds.
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9. Feedback. If you provide us with any suggestions, comments or other feedback relating to any
aspect of the Website and/or Services ("Feedback"), we may use such Feedback on the Website
or in any of our other products or services (collectively, "Company Offerings"). Accordingly, you
agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b)
the Feedback is not confidential or proprietary information of you or any third party and you have
all of the necessary rights to disclose the Feedback to us, (c) the Company (including all of its
successors and assigns and any successors and assigns of any of the Company Offerings) may
freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any
Company Offerings, and (d) you are not entitled to receive any compensation or re-imbursement
of any kind from the Company or any of the other users of the Website in respect of the Feedback.
10. Advertising. You acknowledge and agree that the Website may contain advertisements. If you
elect to have any business dealings with anyone whose products or services may be advertised
on the Website, you acknowledge and agree that such dealings are solely between you and such
advertiser and you further acknowledge and agree that the Company shall not have any
responsibility or liability for any losses or damages that you may incur as a result of any such
dealings. You shall be responsible for obtaining access to the Website and acknowledge that such
access may involve third-party fees (such as Internet service provider access or data fees). You
shall be solely responsible for any such fees and also for obtaining any equipment that is required
to access the Website. It is your responsibility to ascertain whether any information or materials,
if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of
a potentially destructive nature.
11. Links & Third-Party Websites. This Website may contain links to other websites that are not owned
or controlled by the Company. In no event shall any reference to any third-party, third-party
product or service be construed as an approval or endorsement by the Company of that third
party, third party product or service. We are also not responsible for the content of any linked
websites. Any third-party websites or services accessed from the Website are subject to the terms
and conditions of those websites and or services and you are responsible for determining those
terms and conditions and complying with them. The presence on the Website of a link to any
other website(s) does not imply that we endorse or accept any responsibility for the content or
use of such websites, and you hereby release us from all liability and/damages that may arise
from Your use of such websites or receipt of services from any such websites.
We may employ the use of analytical tools and third-party service to track and monitor website
activity, and these tools may collect information sent by your browser as part of a web page
request such as cookies, IP address, and geographical location. For information on how we use
data please refer to our Privacy Policy, which can be found here:
https://www.marclafleur.com/privacy-policy.
12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE AND
SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." THE COMPANY
SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER
EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON2265865.
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INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FFOR A PARTICULAR PURPOSE. ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT
RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. THE COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR
ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY
THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED
FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE
WEBSITE, AND THE COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY
ENTER INTO WITH ANY SUCH THIRD PARTY. THE COMPANY WILL NOT BE LIABLE FOR ANY TYPE
OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DIRECT OR OTHER DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM YOUR
USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, ERRORS, MISTAKES, OR
INACCURACIES IN THE MATERIALS ON THE WEBSITE, ANY ERRORS OR OMISSIONS IN ANY
MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR
RELATING TO YOUR USE OF THE WEBSITE, ANY DAMAGE THAT OCCURS TO THE PRODUCT WHILE
THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO A CARRIER.
14. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD THE COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS,
PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE
ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED,
TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION
BY YOU OF THESE TERMS OF USE.
15. Termination. We may, under certain circumstances and without prior notice, immediately
terminate your ability to access the Website or portions thereof. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of these Terms of Use or any other
agreement that you may have with us (including, without limitation, non-payment of any fees
owed in connection with the website or otherwise owed by you to the Company), (b) requests by
law enforcement or other government agencies, (c) a request by you, (d) discontinuance or
material modification to the website (or any part thereof), (e) unexpected technical, security or
legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or
illegal activities. Termination of your access to the Website may also include removal of some or
all of the materials uploaded by you to the Website. You acknowledge and agree that all
terminations may be made by the Company in its sole discretion and that the Company shall not
be liable to you or any third-party for any termination of Your access to this Website or for the
removal of any of the materials uploaded by you to the Website. Any termination of these terms
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of use by the Company shall be in addition to any and all other rights and remedies that the
Company may have.
16. Availability & Updates. The Company may alter, suspend, or discontinue this Website at any time
and for any reason or no reason, without notice. The Website and Services may be unavailable
from time to time due to maintenance or malfunction of computer or network equipment or
other reasons. The Company may periodically add or update the information and materials on
this Website without notice.
17. Security. Information sent or received over the Internet is generally unsecure and the Company
cannot and does not make any representation or warranty concerning security of any
communication to or from the Website or any representation or warranty regarding the
interception by third parties of personal or other information. The Company will not be liable for
any loss or damage arising from your failure to comply with these requirements.
18. Survival. In addition to Sections 8 – 15, 18 and 19, all representations, warranties and conditions
made by you in these terms of use shall survive the termination of these terms of use. Unless
otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted
by you in these terms of use shall survive their termination. All payment obligations incurred by
you prior to the termination of these terms of use shall survive their termination.
19. General. These Terms of Use, together with any privacy policy that may be published on the
Website, constitutes the entire agreement between the parties relating to the Website and
Services and all related activities. These Terms of Use shall not be modified except in writing
signed by both parties or by a new posting of these Terms of Use issued by the Company. If any
part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be
deemed severed and shall not affect the validity and enforceability of the remaining provisions.
The failure of the Company to exercise or enforce any right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. Any waiver of any right or provision by the
Company must be in writing and shall only apply to the specific instance identified in such writing.
You may not assign the terms of use, or any rights or licenses granted hereunder, whether
voluntarily, by operation of law, or otherwise without the Company’s prior written consent.
Except as expressly provided in this Agreement, all amounts in this Agreement are stated and shall
be paid in Canadian currency. The parties hereto have requested that this Agreement be drawn
up in the English language. Les parties ont exige que le present accord soit redige en langue
anglaise. This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein and without regard to choice of
law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
20. Contact. If you have any questions about these Terms or if you wish to make any complaint or
claim with respect to the Website or Service, please contact us at: us at letstalk@marclafleur.com
or at 151 Charles Street W, Kitchener, ON N2G1H6.
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Updated: December 5, 2022