Last updated 15 October 2018
The website torigabarro.com (the “Site”) is owned and operated by TORI GABARRO AS, a limited company registered in Norway under Organisation Number: 921 224 621 (the “Company”).
Your access to and use of the Site is subject to the following terms and conditions (the “Agreement”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Agreement and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
INTELLECTUAL PROPERTY NOTICE
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are, unless otherwise noted, the property of Company and/or a supplier to Company. No such materials may be used except as provided in this Agreement.
All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, are either the property of, or used with permission by, Company. The use of Content by you is strictly prohibited unless specifically permitted by this Agreement. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of Company or third party owner. Company respects the copyright, trademark and all other intellectual property rights of others.
Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at the email address stated in Section “Contact Information” below. Notifications should include your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
When you register with Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents and/or communications concerning new products or services, or other records or correspondence from Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
Any communications made through Company's blog, newsletter sign up or other related pages, or directly to Company's email address is not held privileged or confidential and is subject to viewing and distribution by third parties.
Any communications, comments or suggestions displayed on the Site and/or sent to Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of Company. Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
You expressly agree that your use or inability to use a product offered for sale on the Site (the “Product”) is at your sole risk . By purchasing the Product you accept, agree and understand that you are fully responsible for your progress and results from your participation.
This Site, Product and Content are only for informational and educational purposes and are simply Company's opinion and thus should neither be considered therapy or any form of treatment, nor are not guarantees or promises of actual performance. Company offers no professional legal, medical, psychological or financial advice. If you have medical, psychological, legal or financial questions, you should consult a qualified professional. If you think you need immediate assistance, call your local emergency number or the mental health crisis hotline listed in your local phone book’s government pages.
Company offers no representations, warranties or guarantees, whether expressed or implied, regarding your physical and emotional well-being or results of any kind, or the suitability of such materials for any users needs, or the likelihood that their use will meet any user's expectations, or their correctness accuracy, reliability or correction.
You also understand that any testimonials or endorsements by Company's customers or audience represented on our Site have not been scientifically evaluated by Company and the results experienced by individuals may vary significantly. Any statements outlined on the Site are simply Company's opinion and thus are not guarantees or promises of actual performance.
The Site is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, Company cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this Site is used at your own risk and that Company assumes no liability or responsibility for any errors or omissions in the content of the Site. If you would like to inform Company of any errors or omissions you may notice, please notify us by email at the email address stated in Section “Contact Information” below.
Company does not warrant or make any representations or guarantees that you will earn any money using the Site or Company's technology, Product or Content. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan, the time you devote to the Product programme, ideas and techniques offered and utilised, as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, Company cannot and does not warrant or make any representations or guarantees regarding either your success or income level.
Company does not warrant that use of the Site, Product or Content will be uninterrrupted or error free, that the defects will be corrected, or that the Site, the contract and/or the Product available on the Site are free from bugs or viruses or other harmful components, You assume all responsibility for the cost of all necessary repairs or corrections as a consequence of any such system failures.
Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Paypal payment services, your software and/or any updates or upgrades to that software). Any such problems shall be governed solely by the agreement between you and that provider (Please note that the applicable jurisdication may not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you).
Company reserves the right to determine, in its sole discretion, whether Company is responsible for any such malfunction or disruption. Company also reserves the right to limit your use of the Site and/or Content or to terminate your account should Company determine that you have violated the terms and conditions of this Agreement. Company also reserves the right to refuse access to the Site and/or Content and Product, in its sole discretion.
Company may, in its sole discretion, refund any initial fee (or a pro-rata portion thereof) charged for any use of the Site, Content and/or Product consistent with Company's refund policy, (see Section “Refund Policy” below). Regardless of the reason for the disruption, Company shall refuse any refund thirty (30) days after your payment for use of the Site, Content and/or any Product, regardless of the reason for disruption.
LIABILITIES AND INDEMNIFICATION
Neither Company nor any other third party involved in creating, producing or maintaining the Site and/or any Content shall be liable under any circumstances for any direct, incidental, consequential, indirect or punitive damages arising our of your access to or use of the Site. Without limiting the foregoing, all Content on the Site is provided «as is» without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Company does not warrant or make any representations regarding the use of the materials in the Site.
You agree to indemnify and hold Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Company reserves the right to assume the exclusive defense of any claim for which Company is entitled to indemnification under this Section. In such event, you shall provide Company with such cooperation as is reasonably requested by Company.
The provisions of this Agreement are for the benefit of the Company and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All sales of Products are subject to the following refund policy:
You have 30 days after date of purchase to request a full refund. Refund requests must sent prior to 11:59pm Central European Time (GMT+1) on the 30th day following your purchase.
After 30 days, your request for a refund is no longer valid.
To be eligible for a refund, please submit your request to Company at the email address stated in Section “Contact Information” below. Company will issue with you a full refund, if requests are within the refund policy.
This Site is not designed for use by persons under 18 years of age. Company recognises the special obligation to protect personally identifiable information obtained from children and Company does not knowingly solicit personal data from anyone under 18 years of age. If you are under 18 years of age, do not access or use the Site or related Content and Products. If you become aware that we have collected data of anyone under 18 years of age, please contact us at the email address stated in Section “Contact Information “below, so that we may delete that data. If Company discovers that a person under 18 years of age has signed up on the Site or provided us with personally identifiable information, we will delete that person's identifiable information from Company's records.
TYPES OF INFORMATION COLLECTED BY COMPANY
The information we collect may include:
Personal Information: is data information which can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information (such as your age, gender, or where you live). You consent to giving Company this information by providing it voluntarily on the Site. Some of this information is provided when you register with or make purchases from the Site. You may also provide this information by participating in various activities associated with the Site, including responding to blogs, contacting Company with questions/comments, or participating in group training. Disclosure of any or all of this information is your decision and entirely voluntary and you are under no obligation to provide this information,. However, please be aware that your refusal may prevent you from accessing certain benefits from the Site or from making purchases.
Secondary Information: is data information that Company's servers automatically collect about you when you access the Site, such as your IP address, browser type, the dates and times that you access the Site, and the specific pages you view.
Social Networking Information: is information Company may access from social networking sites and applications, including Facebook, Instagram, Linked-in, Twitter, Disqus, Snapchat or other social networking sites or applications not specifically named here. Such information may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want Company to access this information, you should change your privacy settings for the specific social networking site.
Mobile Device Information: is information Company may access about your mobile device if you use Company's Site via a mobile device. Such information may include device ID, model and manufacturer, and location information.
Other Information: On occasion, you may provide Company with additional data information in order to enter into a contest or giveaway or to participate in a survey. In such cases, you will be prompted for this information and it will be clear that you are voluntarily offering this kind of information in exchange for an entry into such a contest, giveaway or survey.
COMPANY'S USE OF YOUR INFORMATION
Your information allows Company to offer you certain products and services, including the use of the Site, to fulfil Company's obligations to you, to customise your interaction with Company and the Site, and to allow us to suggest other products and services we think might interest you. Generally, Company stores your data and transmits it to a third party for processing. However, to the extent Company processes your data, Company does so to serve its legitimate business interests (such as providing you with the opportunity to purchase Company's Products and to interact with the Site).
Your information and data described above may specifically be used to:
You may always opt-out of receiving correspondence, newsletters and other mailing updates from Company. as described above.
DISCLOSING AND SHARING YOUR INFORMATION WITH THIRD PARTIES
Company may disclose and share your information with third parties and third party processors in certain situations as needed to serve legitimate business interests, including, but not limited to, administration of the Site, administration of your account, entering into contracts with you, taking your orders and delivering your ordered Products or services, communicating with you, marketing additional goods and services to you, identifying trends and protecting the security of Company and the Site,
The following are specific reasons why Company may share your information.
Third Party Disclosure: Company may disclose your information to third parties who assist Company with various tasks, including payment processing, hosting services, email delivery and customer service.
Legal Disclosure: Company may disclose your information as required by law or to respond to legal process, including a subpoena, or as necessary to protect Company's rights and property, other users of the Site or anyone else who could be harmed by someone who may be causing injury to or interference (whether intentionally or unintentionally) with the safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Disclosure to Protect Company: Company may disclose your information to protect Company, including to investigate and remedy any violations of its rights or policies. Company may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Sharing with Advertisers: Company may use third party advertising companies to run and manage its advertisements. Such companies may include, but not be limited to, Facebook, Instagram, Google and YouTube; to produce advertisements that appears when you visit the Site. These companies may use information about your visit to the Site and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. Company cannot control the activities of, such other advertisers or websites. Company recommends you review the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Sharing with Other Third Parties: Company may share information with its advertisers, investors, or other third parties for the purpose of conducting general business analysis. In such cases, Company will make reasonable efforts to inform you, if required by law.
Sharing During Interaction with Others: If you interact with others on the Site (such as participating in a group chat or a group online course), other users may gain access to some of your data, including your name, profile picture and your history of interaction with the Site (such as prior comments or posts).
Sharing Due to Online postings: When you post online, your posts may be viewed by others, and Company may distribute your comments outside the Site.
Disclosure for Other purposes: Company may disclose your personal data as necessary to comply with any legal obligation or to protect your interests or the vital interests of others or Company.
Company will never sell or lease your personally identifiable information to any third parties
USE OF OF TRACKING TECHNOLOGIES
Cookies, Log Files and Web Beacons: The Site makes use of log files. These files merely log visitors to the Site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages. This information is used to analyze trends, administer the site, track user’s movement around the Site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
USE OF WEBSITE ANALYTICS
PROCESSING YOUR INFORMATION
The majority of your data information is not processed in-house by Company, but is instead given to a third party processor(s) for processing. This is primarily because Company does not have have the capability to perform these functions. So in many instances, it will be necessary for Company to transmit your information to a third party processor,(eg: when PayPal is a third party processor when they take your payment information, process your payment and remit the funds to Company).
However, Company may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and Company's need to conduct its legitimate business interests. Company processes his information with the purpose to administer, maintain, and improve the Site, Content, Products and other services, to enter into and fulfill the terms of contracts with you, to keep records of Company's transactions and interactions, to be able to provide you with Products and services, to comply with Company's legal obligations, to obtain professional advice, and to protect the rights and interests of Company, its customers and any third parties.
The following data may be processed by Company:
TRANSFER OF INFORMATION ACROSS NATIONAL BORDERS
Company's Site is hosted by servers located in the United States of America. Therefore, if your reside in the European Union, some of your data will be transferred internationally to those servers when you access or use the Site, and/or Company's Products Content and/or services. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield.
RETENTION OF PERSONAL DATA
Company retains personal data for as long as it is needed to conduct its legitimate business purposes or to comply with Company's legal obligations, or until you ask us to delete your data. (eg: we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account). Data collected by Company for a specific and particular purpose, (such as assisting law enforcement or analyzing trends) will not be kept for longer than is necessary for that particular purpose. Company will permanently delete data that is no longer needed for any of the purposes listed above
Company will delete your data on receipt of your request at any time. However, Company cannot control the retention policies of third parties. Consequently you will need to contact those third parties directly, including those third parties to whom Company has disclosed your data, to delete that data. You may request Company for a list of all third parties to whom Company has disclosed your data.
SECURITY /HOW YOUR PERSONALLY IDENTIFIABLE INFORMATION IS PROTECTED
Company takes all reasonable steps to protect your personal data and keep your information secure. Company uses recognized online secure payment systems and implements generally accepted standards of security to protect against personal data loss or misuse. However, no data transmission over the Internet can be guaranteed to be 100% secure, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. Consequently, Company cannot guarantee complete security of any information you transmit to us.
YOUR ACCESS TO AND CONTROL OVER YOUR PERSONALLY IDENTIFICABLE INFORMATION
You have certain rights with respect to your personal data, as outlined below. Company may charge you a reasonable fee for actions that you ask it to take with respect to your data. In addition, Company reserves the right to request that you provide it with evidence of your identity before Company takes any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with Company's compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us, by notifying Company at the email address stated in Section “Contact Information” below.
Personal Data Confirmation and Its Use: You have the right to request Company to confirm what data it holds about you and for what purposes. You also have the right to confirmation of whether Company processes your data or delivers your data to third party processors and for what purposes. Company will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to Company's use of your information. In such cases, Company may require you to delete your account with us, as described above, and you may not have full access to the Site.
Delete All Data: You have the right to request that Company delete all data that it holds about you, and Company must delete such data without undue delay.There are exceptions to this right, such as when keeping your data is required by law, or as is necessary to exercise the right of freedom of expression and information, or is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with Companyh and you may have limited or no use of the Site.
Emails And Communications: You may opt out of receiving future email correspondence from Company by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting at the email address stated in Section “Contact Information” below.
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at the email address stated in Section “Contact Information” below.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, Company will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or Company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to the Site.
Newsletter Privacy: Company offers the opportunity for you to volunteer certain information to it that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but Company reserves the right to maintain a database of past email subscribers. Company reserve the right to use this information as reasonably necessary in Company's business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting its business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from Company at the point where Company requests information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, the specific instructions set forth within the communications you receive from Company should be followed fort the communications which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, notification should be sent to the at the email address stated in Section “Contact Information” below, including a copy of the undesired email attached to the request, and stating you wish to be removed from the mailing list.
ENTIRETY OF AGREEMENT
CHANGES AND UPDATES TO THE AGREEMENT
Company will alert you to any changes to the Agreement by changing the “last updated” date at the top of this Agreement. Any changes become effective immediately upon publication on the Site and you waive specific notice of any changes to the Agreement by continuing to use and access the Site. Company encourages you to periodically review the Agreement when you use the Site for any purpose or engage with Company on social media. You are deemed to have accepted any changes to any revised Agreement by your continued use of the Site after the revised Agreement is posted.
If, at its sole discretion and at any time, Company considers that you have violated the Agreement, then Company shall have the right to immediately revoke your access and terminate your use of the Site, Content and Product, including any related communications as Company deems appropriate and blocking of your IP address from further visits to the Site.
Company can, at its sole discretion and without giving reason, any time refuse anyone access to its website or purchase of any products.
This agreement shall be governed by and construed in accordance with the laws of Norway, Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to the exclusive jurisdiction of the Courts in Stavanger, Norway.
If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
All requests for support, information and/or notifications should be sent to Company's email address as follows: [email protected]