Terms of Use

These Terms of Use apply to all websites (the “Sites”) and all forms of Landing Pages (the “Pages”) owned and published by Jackson Constraints Group, Inc. including but not limited to prowinwin.com, provenpath.net and theprovenpaths.com.

PLEASE READ! THESE SITES REQUIRE CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THESE SITES ARE REQUIRED CONSIDERATIONS FOR THESE SITES, GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH THEM.

ALL PERSONS ARE DENIED ACCESS TO THESE SITES UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THESE SITES OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON THEM, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICIES OF THESE SITES.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THESE SITES. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THESE SITES OR THEIR CONTENTS IN ANY MANNER. THE SITES SPECIFICALLY DENY ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THESE SITES RESERVE THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THESE SITES ARE ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THESE SITES, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The websites and their owners and/or operators are parties to this agreement, herein referred to as “Websites.”

USE OF INFORMATION FROM THESE WEBSITES

Unless you have entered into an express written contract with these websites to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of these websites. By viewing the contents of these websites you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the sites may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITES OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THESE WEBSITES

The websites and their contents are owned or licensed by Jackson Constraints Group, Inc. . Material contained on the websites must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of Jackson Constraints Group, Inc. .

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by Jackson Constraints Group, Inc., no one may hyperlink these sites, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of these websites in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website owner to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITES

Jackson Constraints Group, Inc. disclaims any responsibility for the accuracy of the content of these websites. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the websites, you have no right to rely on any information contained herein as accurate. The websites makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THESE WEBSITES OR THEIR CONTENTS.

VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

Jackson Constraints Group, Inc. assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with these sites, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from these sites at his own risk. Websites make no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with these sites, including banners, advertising, or pop-ups, downloads, and as a condition of the websites to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which Jackson Constraints Group, Inc. is required to pay for, the Visitor, as a condition of viewing, promises to reimburse Jackson Constraints Group, Inc. for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and the Websites’ owner is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Websites and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Websites, which it wishes to forever allow the Websites to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the websites.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with these websites, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) which are in effect on the date a dispute is submitted to the BCICAC. Information about the BCICAC, its rules, and its forms are available from the:

British Columbia International Commercial Arbitration Centre
#348-1275 West 6th Avenue, Vancouver, British Columbia,
Canada V6H 1A6

Hearing will take place in Vancouver B.C..

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be any Municipality of the Lower Mainland of British Columbia unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to Jackson Constraints Group, Inc.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the Province of British Columbia.

CONTACT INFORMATION

The owner and publisher of prowinwin.com, provenpath.net and theprovenpaths.com:
Mailing address:
Jackson Constraints Group Inc.
#392 – 720 Sixth Street
New Westminster, British Columbia V3L 3C5
Canada