TERMS OF USE
Last Updated on: September 15, 2023
The terms “we”, “us”, “our” and “Company” refers to its owner and operator, [Yolène Mpouo, operating as Yoli Asa]. This Terms of Use (“Agreement”) governs your use of and access to our website, associated website(s) and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products. The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, live posts and the like, whether purchased or not.
PLEASE CAREFULLY READ THE AGREEMENT IN ITS ENTIRETY PRIOR TO VIEWING AND/OR USING THIS SITE. IF YOU ACCESS OR USE ANY PART OF THIS SITE, YOU AGREE TO BE BOUND TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS SITE.
We provide this Site and our Content subject to your compliance with the mandatory terms set forth below. Please understand that we may, in our sole discretion, revise or update the Agreement by posting an amended page on the Site. Any changes will take effect immediately and your use of the Site following the posting of the amended “Terms of Use” page constitutes your acceptance of the same.
Should you have any questions or concerns regarding the Agreement, please contact us at: contact@yoliasa.com.
GENERAL PROVISIONS
For Educational and Informational Purposes Only. The Content on this Site is for general educational and informational purposes only. Any information or advice contained on this Site or in our Content is not a substitute for personalized advice to you and shall not be understood or construed as religious, medical, legal, financial, tax, health or other expert or professional advice, including without limitation a doctor, certified public accountant, tax specialist, registered/accredited financial adviser or attorney. Use your best judgment and due diligence before implementing any information suggested or recommended on this Site or Content.
Assumption of Risk. You use this Site at your own risk. Your use of our Site and Content is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site or Content, including any actions you choose to make, or not make, as a result of using our Site and Content. You should consult with a professional for any and all individual questions or concerns.
Errors & Omissions. The Site may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site.
Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE OR CONTENT. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION OR CLAIMED HARM/DAMAGES WITH THE SITE OR CONTENT IS TO STOP USING THIS SITE OR CONTENT.
Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our Site or Content shall create a warranty not expressly stated in this Agreement.
We also reserve the right to modify or discontinue, either temporarily or permanently, the Site, and Content, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site or Content without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the Site or Content.
Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site; your violations of this Agreement; your improper or unauthorized use of our Site or Content; any claims or allegations that you transmit through or in connection with our Site or Content that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site or Content. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In addition, should you purchase a product or service from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs.
Termination. We reserve the right, in our sole discretion, to immediately terminate your use of or access to our Site or Content and revoke your limited license for any reason. It is within our sole discretion to allow you to use or access our Site or Content. We may revoke your use or access to our Site without notice to you.
Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by Yolène Mpouo operating as Yoli Asa and are controlled and operated by us from her Québec, Canada location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be governed and construed in accordance with the laws of the Province of Québec, Canada, regardless of principles or conflicts of law.
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within Province of Québec, Canada.
Entire Agreement. The Agreement, which includes this Terms & Conditions and our Privacy Policy constitutes the entire agreement between us and you as it relates to your use and access to our Site and Content.
Email Communications. By providing your contact information to us, you consent to receiving electronic communications from us, including newsletters, promotions, and updates. These emails will be sent to the provided email address. You can opt out anytime by clicking on the “unsubscribe” link, though non-promotional emails related to your account or transactions may still be sent. You may withdraw consent, but this might affect access to certain services and updated information.
Fair Use Notice. The trademarks, copyrighted material, logos, photos taken by us, and any designs on the Site specific to the Company are owned by us. It is strictly prohibited to use any of our copyright material, trademarks, or designs without our express written consent. Other copyrighted material, works, photos, trademarks, and trade names used on the Site are the property of the copyright owner. All rights reserved. The appearance of which does not imply any connection to, license from, approval of, or relationship of any kind with said third-party.
All photos, memes, gifs and the like, which were not created by us, have either been purchased, licensed, credited, linked to its original source or were obtained from the public domain. Any copyright Content from third-parties is believed to constitute fair use in accordance with Title 17, Section 107 of the U.S. Copyright Act, et seq. If you desire to use any copyrighted material from this Site for your own purposes, which does not constitute fair use, you must obtain permission from the copyright owner.
Views Expressed Disclaimer. Any views or opinions expressed on this Site or in our Content are personal and solely belong to the author and do not represent the views or opinions of other persons, institutions or organizations that the author may or may not be associated with, unless expressly stated.
Advertising Disclaimer. Our Site may contain paid advertisements. We do not endorse, associate, promote, or evaluate any of the advertised product, service, company or any of the claims made by the advertisement. We also do not endorse or recommend any affiliates using our Site or Content.
Testimonial Disclaimer. Our Site may contain testimonials by users of our Site or Content. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
Survey Disclaimer. Our Site or Content may include voluntary surveys for you to participate in. We use Surveys to conduct research and to collect data to improve our Site or Content. Your participation is voluntary. Any personal or non-personal information will be collected in accordance with our Privacy Policy. By taking part in a survey on our Site, you agree to the transfer of the information submitted by you to us. The information gathered will only be used for internal research purposes and will not be publicly linked to you in any way. We reserve the right to share the survey findings with the public, but will do so in an anonymized or aggregated form.
Earnings Disclaimer. Any earnings or income/financial claims or examples shown on our Site or Content are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site or Content. We make no guarantees that you will earn any money using any of our Content and your income or earnings are solely dependent on your actions or non-actions.
Feedback/Reviews. Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy. We own such communication from you and any such communication displayed on our Site or Content, including without limitation social media posts and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
LICENSE TO USE
We grant you a limited, non-assignable, non-exclusive, non-sublicensable, revocable license to access and use the Site and Content subject to this Agreement. Any violation of the terms set forth in the Agreement is cause for immediate termination of this limited license and may result in legal action.
RULES OF CONDUCT
You agree to adhere to all relevant laws, rules and regulations in accessing or using the Site or Content. You agree to not access or use this Site for any unlawful purpose.
You may not modify, reverse engineer, frame, mirror, or adapt any portion of the Site or Content. You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code.
You may not use the Site or Content in a manner that is hurtful, harmful, abusive, harassing or offensive to others.
You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.
You may not violate the Site’s user’s rights to privacy or collect our user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site or Content, including without limitation sharing your login credentials with others.
INTELLECTUAL PROPERTY NOTICE
This Site and our Content are protected by the copyright laws of Canada. You understand that the Company owns the Site and Content, which is our intellectual property.
You may download and print certain Content from our Site for your own personal and non-commercial purposes, but you may not copy or use our Content for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site or Content without our express written consent.
We may investigate any alleged violations of this Agreement and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.
If you believe that our Site and Content infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Notice and Notice Regime under Canada’s Copyright Act,” will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Content infringes on your copyright.
Sharing Our Content: If you wish to share our Site or Content, please make sure you provide a Site or Content credit, such as our name and either our social media handle, @yoli.asa, or a direct link to our Site or Content, or both.
AGE REQUIREMENTS
Our Site and Content is not directed to persons under the age of majority. In fact, you must be at least 18 years of age or older to gain access to our Site and Content. This Site and Content are solely directed to persons who are the age of majority and older. If you are under 13 years of age, please stop and do not use, view, purchase or otherwise browse this Site or Content.
Should we discover that a person under 13 years of age has provided their personal information to us, we will delete their personal information as governed by the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
SALE OF BUSINESS OR ASSETS
In the event that the Company or substantially all of its assets are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, reorganization, or restructuring, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.
INCORPORATION OF PRIVACY POLICY
We use your personal and non-personal information as set forth in the Privacy Policy, which is incorporated herein as terms of this Agreement.
LINKS TO OTHER WEBSITES.
Our Site or Content may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. If you use the link on our Site and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website should be directed to the third-party website. We bear no responsibility for any action or non-action you take associated with the third-party website.