LEGAL TERMS and PRINCIPLES

The term “the FistFree Language™ Group” means FistFree Language Inc., its affiliated and related companies, their officers and directors, its employees, agents, suppliers and licensors, and Anne E. McTavish, George W. Cranston and Aimée L. Cranston personally and as owners of the copyright in all FistFree Language™ materials and as the common law trade mark owners.

By accessing our Website, you agree to be bound by the following terms.

THE WEBSITE

1. The FistFree Language™ Group has set up a main website and a blog and will be setting up additional subsidiary and related websites, all of which are referred to collectively as “our Website”.
2. The purpose for setting up our Website is to let people know about FistFree Language™, to provide some information relating to its skillset components, and to provide a way for people to purchase FistFree Language™ materials.
3. The FistFree Language™ Blog has been set up to provide a place where we can comment about conflict-creating-communication events that are in the news and that we come across in our own lives, and to provide a place where others can give feedback and/or start a dialogue.  The FistFree Language™ Blog is governed by and adheres to WordPress.com’s terms of service (found at http://en.wordpress.com/tos/) and its privacy policy (found at http://automattic.com/privacy/), and these terms of service and the privacy policy apply to your use of The FistFree Language™ Blog.

USE OF CONTENT AND FREE DOWNLOADS

1. We have posted material on our Websites and provide free downloads in the spirit of providing information on how to resolve differences respectfully and peaceably and on how to effectively and peacefully get your message across to others.  We ask you to use our Website, its content and free downloads for these purposes.
2. Because we aim to reduce conflict, if you find any part of our Website impolite, rude or offensive, would you please let us know by emailing us at info@fistfree.com and let us know so that we can deal with it.
3. We do not monitor the content of other websites for which we provide links.  Responsibility for the content of such other websites is and remains the sole responsibility of the owner(s) of such other websites.  And we would note that you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
4. Except for the materials sold on our Website, the content of our Website and in the free downloads may be copied and even used provided that such content and downloads, or any portion thereof, when used are described as being from www.fistfree.com and credit is given to Anne E. McTavish as its author.  If part of such content or downloads is attributed to another person as its author or creator, credit shall be given to such other person as the author of such part.

COPYRIGHT and INTELLECTUAL PROPERTY

1. Except where otherwise noted, the author of all content in our Website is Anne E. McTavish, and all the copyright and other intellectual property therein is owned by Anne E. McTavish, George W. Cranston and Aimée L. Cranston.
2. All rights to the content are reserved except where specifically otherwise noted and except for materials sold.
3. Your use of content from our Website or of any of the material in our free downloads or purchase of any materials from our Website does not transfer any of the FistFree Language™ Group’s intellectual property rights in such content and/or material in the free downloads.
4. The purchase of any of our materials does not transfer any of the FistFree Language™ Group’s intellectual property rights in such purchased materials.
5. If you believe that material located on or linked to by our Website violates your copyright, please contact us first by emailing us at info@fistfree.com and describe the material you believe violates your copyright and why you believe it does.  We will respond to you as quickly as we reasonably can so that any potential infringement can be resolved quickly.  We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  We do not wish or intend to infringe the copyrights or intellectual property rights of others.
6. Creative Commons Licenses — Some of the material on our website is identified as being subject to a Creative Commons License, either a Creative Commons Attribution-Share Alike 2.5 Canada license (which can be found at http://creativecommons.org/licenses/by-sa/2.5/ca/) or a Creative Commons Attribution-Share Alike 3.0 Unported license (which can be found at http://creativecommons.org/licenses/by-sa/3.0/). In either case, you are free to copy, distribute and transmit the work and to remix or adapt the work under the following conditions:  (1) You must attribute the source as being www.FistFree.com and the author as being Anne E. McTavish, including attributing authorship to portions thereof as set out in the material, but not in any way that suggests that we endorse you or your use of the material; and (2) If you alter, transform or build upon the material, you may distribute the resulting work only under the same, similar or compatible license — in other words, share alike.  All other copyright rights in the material subject to a Creative Commons License remain reserved to the copyright owners.

The fact that material subject to a Creative Commons License is also contained in other copyrighted material and in material that is sold by FistFree Language Inc. does not take away, nullify or negate any of the copyright rights in such other copyrighted material and material that is sold.  In other words, the other copyrighted material and material that is sold does not become fully subject to the Creative Commons License because a portion thereof is duplicated elsewhere and there subject to a Creative Commons License.  The copyright in all such other materials remains reserved.

SALE OF MATERIALS

1. All prices are in Canadian Dollars.  If you use another currency, you will pay all fees associated with converting your currency into Canadian Dollars.
2. All prices are FOB FistFree Language Inc.’s Calgary offices.
3. The purchase of any of our materials does not transfer any of the FistFree Language™ Group’s intellectual property rights in such purchased materials.
4. None of the content in any of the materials sold on our Website may be copied or reproduced in any manner without the prior express written permission of the copyright owners first had and obtained.
5. We reserve the right to restrict sales.

NO WARRANTIES and LIMITATION OF LIABILITY

1. We cannot make any guarantee or warranty about how well FistFree Language™ will work for you, just as we cannot guarantee how well you learn the FistFree Language™ skillsets.  For example, one of the factors affecting its efficacy is that FistFree Language™ is based in Western culture and specifically, Canadian culture, and what is written about intonation and body language may not be appropriate in your culture.
2. Our Website and all materials are provided “as is”.  The FistFree Language™ Group hereby disclaims all warranties of any nature or kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Further, the FistFree Language™ Group makes no warranty that our Website will be error free and that access thereto will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through, our Website at your own discretion and risk.
3. In no event will the FistFree Language™ Group be liable with respect to any subject matter of our Website or materials under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any economic losses or lost profits; or (v) for any amounts that exceed any amounts paid by you to the FistFree Language™ Group during the one (1) year period prior to the cause of action.  The FistFree Language™ Group shall have no liability for any failure or delay due to matters beyond their reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless the FistFree Language™ Group from and against any and all claims and expenses, including lawyers’ fees on a full indemnity basis, arising out of your use of our Website and materials, including but not limited to your violation of the terms herein.

PRIVACY

1. All information that we collect through our Website, our blog, emails, faxes or phone calls is collected so that we can provide services and information to our customers, so that we can better understand what’s going on and respond accordingly (which is usually described as research and development), and for our own internal business purposes (statistics, accounting, etc.).
2. We disclose potentially personally-identifying and personally-identifying information only to those of our employees, contractors, agents and affiliated and related organizations that (i) need to know that information in order to process it on our behalf or to provide services available at our Website, and (ii) that have agreed not to disclose it to others.
3. We do not rent, sell or otherwise provide any customer lists or information in our database or provide them to any unrelated third party.
4. The only exceptions to our non-disclosure and privacy-maintaining principles are:
   (a) when permission has been given to disclose personal or personally-identifying information to others;
   (b) to appropriate entities under proper statutory or regulatory authority — in other words, we are
   required by law to do so;
   (c) when we in good faith believe it is reasonably necessary to protect our property or rights or the property or rights of others; and
   (d) if we believe that someone is being threatened of physical, psychological or emotional harm, threatened of death, or their job security or livelihood is being threatened.  Threats of physical harm or death are serious criminal matters.  The other threats may very well be criminal matters.  In these cases, we will report the matter to the appropriate authorities and follow through as required.
5. We will circulate any change to or deviation from these principles, as the circumstances require.  For example, a notice will be posted on the home page of our Website for a month to alert you that these principles have been modified, whether by an addition, replacement, or amendment.
6. FistFree Language Inc. is governed by and adheres to the privacy legislation of the Province of Alberta and federal privacy laws as they may apply.

DISPUTE RESOLUTION

1. If a disagreement or dispute develops about our Website, their content, free downloads or about any materials you purchase (all of which are herein referred to individually as a “Matter” and collectively as “Matters”),
   we shall use our best efforts to resolve the Matter or Matters peacefully between you and us, and
   if our attempt at resolution is not successful, then the Matter or Matters will be submitted to binding arbitration for resolution.
2. Arbitration
   (a) Everything relating to arbitration shall be governed by the Arbitration Act of the Province of Alberta.  Its citation is Arbitration Act, RSA 2000, c. A-43 and amendments thereto.  The Arbitration Act can be found at http://www.qp.alberta.ca/574.cfm?page=A43.cfm&leg_type=Acts&isbncln=9780779739417
   (b) The arbitration and all related processes and correspondence will be conducted in the English language.
   (c) The arbitrator must have a working knowledge of the laws of the Province of Alberta and be familiar with the type of Matter or Matters submitted to him or her for arbitration.
   (d) Both of us will choose the arbitrator and failing agreement, FistFree Language Inc. will select as an arbitrator a person who is a retired or supernumerary Judge of The Provincial Court of Alberta or a retired or supernumerary Justice of The Court of Queen’s Bench of Alberta.
   (e) Each of us will pay their own costs for the arbitration, and the fees and expenses of the arbitrator will be split equally between you and FistFree Language Inc.
   (f) It is not mandatory that the arbitration be conducted at a hearing with personal attendances being required.  If everyone can’t be in the same room at the same time or if it would be more convenient to do so, the arbitration may be conducted by conference telephone calls or by conference via the internet whether by voice alone or by voice and webcam or a combination thereof.
   (g) The arbitrator’s decision will be final, and the arbitrator’s award may be filed in court in the Judicial District of Calgary of The Court of Queen’s Bench of Alberta for enforcement.

GOVERNING LAW and JURISDICTION

1. Our Website, their content, free downloads, all materials sold through the websites or directly from FistFree Language Inc., privacy issues and the resolution of disputes (all of which are herein referred to individually as an “Issue” and collectively as “Issues” collectively) are all governed by the laws of the Province of Alberta.
2. If any Issue or Issues are submitted to the courts, it shall be the courts of the Province of Alberta — that is, The Provincial Court of Alberta, The Court of Queen’s Bench of Alberta and for appeals therefrom, The Court of Appeal of Alberta — that shall have sole jurisdiction and the proper venue shall be the courts located in the City of Calgary, Alberta.  Of course, the final appeal from the Alberta courts is to the Supreme Court of Canada.
3. Any arbitration award that needs to be enforced shall be filed in the Judicial District of Calgary of The Court of Queen’s Bench of Alberta, whereupon it will be enforceable in the same way and to the same extent as if it were an Order that had been granted by a Justice of The Court of Queen’s Bench of Alberta.  Please note that this allows it to be enforced in other jurisdictions as the laws of those other jurisdictions permit.

GENERAL

1. Much of the foregoing is based on Automattic’s Terms of Service and the Privacy Policy which can be found at http://automattic.com/privacy/ and http://automattic.com/tos, respectively.  These are the Terms of Service and the Privacy Policy applicable to WordPress.com which hosts The FistFree Language™ Blog.
2. It is our intention to provide an informative and useful website and blog, and we use our best efforts to do so in a respectful and lawful manner.
3. Thank you for not only coming to our Website and/or blog, but also for reading through these Legal Terms and Principles.

Toxic Tongues by Anne E. McTavish is licensed under a Creative Commons Attribution-Share Alike 3.0 Unported License