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Terms of Use, Privacy Policy, and Client Code of Conduct

Terms of Service, Privacy Policy, and User/Client Code of Conduct 

These Terms of Service were last amended on March 8, 2022. If you have any questions regarding these Terms of Service, please contact [email protected]

Please read these Terms of Service carefully before using the website http://www.prosandbabes.com/ (the “Website”) and http://pros-babes.mn.co (the “Online Portal”). You should also read Pros&Babes’ Privacy Policy, which is incorporated by reference into these Terms and available at prosandbabes.com (the “Privacy Policy”).

Your access to and use of the Website, the Online Portal, and the Services (as hereinafter defined) is based on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Website and/or the Services.

Services and Permission

Pros&Babes offers services associated with helping individuals stay connected to their professional goals while growing their families (the “Services”).

Pros&Babes grants you permission to use the Website, the Online Portal and the Services, provided that you comply with these Terms of Service. Pros&Babes reserves all rights not expressly granted to you in these Terms of Service. The Website and the Services are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Pros&Babes owns or licenses all right, title, copyright, and other worldwide intellectual property rights and interests in the Website, the Online Portal and the Services. Pros&Babes does not grant any license or other authorization to you, express or implied, under or to any of its trademarks, copyrightable material, or other intellectual property. Pros&Babes and its third-party licensors retain all right, title, and interest in and to the Services, the Website, the Online Portal, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

Compliance

You must comply with all applicable laws and regulations, use the Website and the Services only for lawful purposes, and take all other required and appropriate actions in connection with your use of the Website and the Services.

You agree not to: (a) use, copy, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, lease, license, sublicense, publish, display, download, transmit, broadcast, display, create any derivative of, or otherwise exploit any content contained in the Website or the Services in any form by any means unless expressly authorized to do so by Pros&Babes; (b) circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of or enforce limitations on use of the Website; (c) take any action that imposes or may impose (in Pros&Babes’ sole determination) an unreasonable or a disproportionately large load on the Website or Pros&Babes’ infrastructure; (d) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Website or the Services; (e) use any portion of the Services or the Website to provide, or incorporate any portion of the Services or the Website into, any product or service provided to a third party; (f) remove or obscure any proprietary or other notices contained in the Services or the Website; (g) collect or store any personal information from the Website or the Services from other users of the Website or the Services, without their express consent; (h) use the Services or the Website in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (i) use the Website or the Services in any manner not permitted by these Terms of Service; or (j) encourage or enable any other individual or other person to do any of the foregoing.

Purchases

Fees for the Services are set out on the Website and the Online Portal. Pros&Babes, in its sole discretion and at any time, may modify the fees for the Services.

If you wish to purchase any Service made available through the Website and the Online Portal (the “Purchase”), you may be asked to supply certain information relevant to the Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to Pros&Babes is true, correct and complete.

By submitting such information, you grant Pros&Babes the right to provide the information to third parties for purposes of facilitating the completion of the Purchase.

Pros&Babes reserves the right to refuse or cancel your Purchase order at any time for certain reasons including but not limited to: (i) Service availability; (ii) an error in the description or price of the Service; (iii) an error in your Purchase order; or (iv) if fraud or an unauthorised or illegal transaction is suspected. Pros&Babes will not be held responsible or liable for any failure of the Purchase to complete, or any resulting loss or damages to you.

Except when required by law, completed Purchases are non-refundable.

Registration

In order to access certain of the Services, you must register for such Services via the Website or the Online Portal. All information provided by you in association with your registration, including without limitation certain of your personal information (collectively, “Registration Information”) is collected, used, and disclosed by Pros&Babes in accordance with applicable laws and the terms of its Privacy Policy. You agree and acknowledge that Pros&Babes will store your Registration Information in order to provide the Services to you.

You are responsible to ensure that all of your Registration Information is accurate, current, and complete.  If Pros&Babes has reasonable grounds to suspect that your Registration Information is not accurate, current, or complete, Pros&Babes may, in its sole discretion, suspend or terminate your registration and refuse any current or future access and use of the Website, the Online Portal, the Services, or any portion thereof.

Communications

If you sign up for the Pros&Babes’ mailing list, you agree that Pros&Babes may send you electronic messages, mobile notifications, and/or emails relating to the Services (the “Communications”). If you prefer not to receive any further Communications from Pros&Babes, you can unsubscribe at the link provided in the Communication.

Disclaimer

THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, PROS&BABES, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, IN CONNECTION WITH THE WEBSITE, THE SERVICES, AND YOUR USE THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROS&BABES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, SUITABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE WEBSITE, OR THE SERVICES, OR OF ANY WEBSITES THAT MBAY BE LINKED TO THE WEBSITE, AND PROS&BABES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE OR THE SERVICES; (B) PERSONAL INJURY, LOSS, OR OTHER DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF PROS&BABES’ SERVERS AND/OR ANY AND ALL CONTENT, AND PERSONAL INFORMATION STORED THEREIN; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PROS&BABES, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE OR PROFITS; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE WEBSITE OR THE SERVICES; AND (C) ANY DAMAGES THAT RESULT FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (II) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN THE WEBSITE OR THE SERVICES, OR (III) PERSONAL INJURY, INCLUDING DEATH, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROS&BABES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Links

The Website may contain links to third party websites that are not owned or controlled by Pros&Babes. Pros&Babes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Pros&Babes from any and all liability arising from your use of any third party website.

Damages

Notwithstanding anything to the contrary contained herein, Pros&Babes’ liability to you or any direct damages arising from or related to these Terms of Service (for any cause whatsoever and regardless of the form of action) will at all times be limited to the amounts you have paid to Pros&Babes in the prior two (2) months (if any).

Indemnity

You agree to defend, indemnify and hold harmless Pros&Babes, its officers, directors, employees, subsidiaries, affiliates, and agents, from and against any and all claims, actions, proceedings, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Website and/or the Services; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, or privacy right. This indemnification obligation will survive these Terms of Service and your use of the Website and/or the Services.

Dispute Resolution

You and Pros&Babes agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service or the use of the Website or the Services by negotiations in good faith.

Agreement and Amendment

These Terms of Service are the entire agreement between you and Pros&Babes and sets forth the entire liability of Pros&Babes, its officers, directors, employees, subsidiaries, affiliates, and agents, and your exclusive remedy with respect to the Website, the Services, and use thereof. These Terms of Service apply to all users of the Website and the Services. If you do not agree to these Terms of Service, do not use the Website, the Online Portal, or the Services.

Pros&Babes reserves the right, at its sole discretion, to modify, suspend or discontinue, whether temporarily or permanently, the Website, the Online Portal, or the Services at any time without prior notice to you, or to otherwise amend these Terms of Service, at any time. If Pros&Babes amends these Terms of Service, it will update the date at the top of this page.

By continuing to access or use the Website, the Online Portal, and/or the Services after such amendment, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, your only recourse is to cease using the Website, the Online Portal, and the Services.

Termination

Pros&Babes may terminate or suspend access to the Website, the Online Portal, and/or the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Service.

Any termination of these Terms of Service shall not affect Pros&Babes’ rights hereunder, and all provisions of the Terms of Service shall survive termination, including, without limitation, disclaimers, limitations of liability, and indemnity.

Upon termination, your right to use the Website, the Online Portal and/or Services, as applicable, will immediately cease.

You acknowledge and agree that Pros&Babes shall not be liable to you or any third party for any termination of your access to the Website, the Online Portal, and/or the Services.

Severability

If any provision of these Terms of Service is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions of these Terms of Service will continue in full force and effect.

Assignment

You may not transfer any of your rights or obligations under these Terms of Service without Pros&Babes’ prior written consent. These Terms of Service may be assigned without your consent by Pros&Babes.

Force Majeure

Pros&Babes will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Pros&Babes’ reasonable control, including but not limited to acts of God, acts of social activism, power outages, failure of internet connectivity, war, strikes, labor disputes, or government orders.

Governing Law

These Terms of Service will be governed by the laws of the Province of Alberta, Canada, without regard to its conflicts of laws principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue of the Courts of the Province of Alberta, Canada.

Referral Program

Pros&Babes may, at certain times, run a referral program. Pros&Babes will qualify who is eligible to participate in said program, and may modify or terminate it at any time, without warning. For any questions about your eligibility, please write to [email protected]

 

Privacy policy

This Privacy Policy was last amended on March 8, 2022. If you have questions or concerns regarding this Privacy Policy, you may contact Pros&Babes’ Privacy Officer, at [email protected].

What is personal information?

Personal information is information about an identifiable individual (“Personal Information”). To the extent that Pros&Babes makes any Personal Information anonymous or aggregates it with the Personal Information of others such that it can no longer be attributed to a particular individual, this information will no longer be considered to be Personal Information and Pros&Babes is entitled to use, retain, disclose and destroy such information in its absolute discretion.

What Personal Information does Pros&Babes collect, use, and disclose?

Pros&Babes will obtain your express consent prior to or when collecting, using, or disclosing your Personal Information for any purpose not described in this Privacy Policy, or for a purpose that was not identified to you nor reasonably expected at the time of collection, unless Pros&Babes is required or authorized by law not to obtain your consent.

Pros&Babes may ask for and collect Personal Information from you throughout your use of the services associated with its website, http://www.prosandbabes.com (the “Website”) and the online portal, http://www.pros-babes.mn.co (the “Online Portal”). Pros&Babes only collects, uses, and discloses the Personal Information needed order to provide its services.

The type of information Pros&Babes collects and maintains may include your name, gender, date of birth, telephone number, mailing address, profession, family size, interests and email address. Your Personal Information will only be used or disclosed for the purpose for which it was collected, unless you have otherwise consented to another use or disclosure, or when it is required by law.

Pros&Babes uses your Personal Information in order to provide its services to you. Uses may include:

  • providing you with information about Pros&Babes, the Website, and the Online Portal;
  • communicating with you, e.g. to alert you to new services or special events;
  • improving or modifying Pros&Babes’ services;
  • for Pros&Babes’ internal administrative and billing purposes;
  • enhancing the security and performance of the Website;
  • research;
  • enforcing the Pros&Babes Terms of Service, available at prosandbabes.com; and
  • the purpose for which your Personal Information was provided to Pros&Babes

Pros&Babes will only use and disclose your Personal Information for the purposes for which it was collected and in accordance with this Privacy Policy, unless otherwise consented by you in advance, or as may be required by law. If you prefer not to receive any further communications from Pros&Babes, you can unsubscribe at the link provided in the electronic communication, or contact the Privacy Officer.

Pros&Babes will not sell or rent your Personal Information. Pros&Babes will only disclose your Personal Information:

  • to its employees or independent contractors who require the Personal Information to provide the services to you;
  • to third party service providers employed or retained by Pros&Babes to perform certain services or functions on its behalf, such as billing, processing of banking and credit information, data processing, marketing, collection or research services;
  • where you have specifically provided consent to disclose your Personal Information for a certain purpose;
  • in connection with a corporate transaction (e.g. a re-organization, merger, or amalgamation with another entity, or a sale of substantially all of Pros&Babes’ assets) provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information; or
  • as otherwise required by law or permitted by applicable legislation, including by an order of any court, governmental or regulatory body with jurisdiction or authority to compel the production of information.

Can I refuse to provide my Personal Information?

You may choose not to provide Pros&Babes with any of your Personal Information; however, this may limit your ability to use of the Website and Online Portal and otherwise interact with Pros&Babes.

You may also withdraw your consent at any time, unless your Personal Information is necessary for Pros&Babes to fulfill its legal requirements. To withdraw your consent, contact Pros&Babes’ Privacy Officer in writing and identify the Personal Information for which you no longer consent to Pros&Babes’ use, disclosure, and retention.

How does Pros&Babes protect my Personal Information?

In order to protect your privacy while you visit the Website or when using Pros&Babes’ online services, Pros&Babes complies with Canada’s Personal Information Protection and Electronic Documents Act and other private sector privacy legislation that may apply to Pros&Babes from time to time.

Pros&Babes maintains commercially reasonable safeguards for protection of the security, confidentiality and integrity of Personal Information. Those safeguards may include, but are not limited to, measures for preventing access, use, modification or disclosure of the Personal Information.

Due to the nature of the Internet, no data transmission is fully secure. Please be aware of this before any information is sent through the Website as Pros&Babes cannot guarantee that any information transmitted to it will not be intercepted and/or misused by third parties.

Pros&Babes will only retain your Personal Information for the period of time reasonably required to fulfill the purposes for which it was collected.

Can I view or correct my Personal Information in Pros&Babes’ possession?

You may view or correct your Personal Information in Pros&Babes’ possession upon written request to Pros&Babes’ Privacy Officer. No later than thirty (30) days from Pros&Babes’ receipt of your written request, or such additional time as required or permitted by law, Pros&Babes will (as applicable):

  • provide you with access to your Personal Information (if any) under its custody or control, information about the purposes for which your Personal Information (if any) under its custody or control has been and is being used by us, and any circumstances in which your Personal Information has been and is being used or disclosed by Pros&Babes; or
  • correct the Personal Information and, if applicable and reasonable to do so, send correction notifications to any third party to whom Pros&Babes disclosed the incorrect Personal Information.

Your ability to access your Personal Information under Pros&Babes’ custody and control is not absolute, and Pros&Babes reserve the right not to disclose such Personal Information, in whole or in part, in certain circumstances including but not limited to where:

  • the disclosure could reasonably be expected to threaten the life or security of another individual;
  • the Personal Information is protected by solicitor-client privilege or similar; or
  • the disclosure would reveal confidential commercial information.

If Pros&Babes refuses access to or a correction of your Personal Information (in whole or in part) it will:

  • provide you with:
  • its reasons for the refusal;
  • the provision of applicable privacy legislation on which the refusal is based; and
  • the contact of Pros&Babes’ Privacy Officer who can answer your questions about the refusal; and
  • inform you that you may ask for a review of the refusal in accordance with applicable privacy legislation.

Does Pros&Babes use cookies or other digital markers?

The Website may use cookies or other digital markers. For example, a “cookie” is a small piece of information sent by a web server to be stored on a user’s web browser so it can later be read back from that browser on subsequent visits to a website. These digital markers may be used to help Pros&Babes display items that may be of interest to a particular user of the Website. Pros&Babes does not link the information it stores in cookies to any Personal Information that you provides while on the Website. You may be able to configure your browser to accept or reject all or some cookies, or to provide notification when a cookie is set; however, cookies may need be enabled in order to access certain functions on the Website. Since each browser is different, you should check visit the appropriate “help” information associated with your specific browser.

Will this Privacy Policy change?

Pros&Babes reserves the right to modify this Privacy Policy at any time, without notice. Your continued use of the Website and services following the posting of an amended Privacy Policy means that you accept the terms of this Privacy Policy as amended.