Terms of Service2018-07-12T10:36:54+00:00

Terms of Service

Hi there!

We would like to notify you that we have updated our Terms and Conditions and legal documentation.

The updated documentation is available on our website.

What’s new:

  • On the website you will find a section dedicated to the Data Processing Agreement (“DPA”), in compliance with the General Data Protection Regulation (“GDPR”);
  • We have updated our “Hosting Services”
  • We have updated Terms of Conditions

Thanks for reading and feel free to reach out at admin@trainingbusinesspros.com for any questions you may have.

Have a Great Day,

the Training Business Pros Team

Terms and Conditions

By entering into this agreement you agree to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to all the terms and conditions of this agreement, then you shall not access services (the Service) provided by Pilgrim Productions Incorporated.

If you are agreeing to these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to agree to these Terms on that company, organization or legal entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

The following are products and/or services of Pilgrim Productions Incorporated, registered in Ontario, Canada HST 858070725 located at 25 Lesmill Road, Unit D, Toronto, ON M3B 2T3

FormLift: WordPress and Infusionsoft form builder plugin.

FormLift.net: A support and sales site for FormLift.

Dedicating Hosting: Shared hosting services *provided by Siteground

StreetSmartMarketer TV: Youtube Channel helping business owners learn what is new,fresh, current and relevant in marketing

StreetSmartMarkter.com: – website is home to StreetSmartMarketer TV

Business Pros Radio: 1 Hour segments featured on AM640 radio

BusinessProsMarketing.com: Site promoting agency services

TrainingBusinessPros.com: Website promoting digital marketing training, marketing services, mastermind, coaching services and third party “recommendations”.

Pilgrim Productions Incorporated reserves the right to update and change the Terms of Service from time to time without notice. Any new features to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the termination of your service(s).

1. Creating a Training Business Pros account and/or Formlift account and/or hosting account and use of Service

You must be 18 years or older to create an account and use this Service.

  • You must be a human. Workspaces registered by “bots” or other automated methods are not permitted.
  • You must provide all information requested in order to complete the signup process. You will not provide any false information.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as needed.
  • You are responsible for maintaining the security of your user and password. Pilgrim Productions Incorporated cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You own all content and information posted and are the sole responsible for any activity that occurs under your workspace.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction and in Canada, including but not limited to copyright laws (please see Section 9 for other details).
  • You must ensure that any person who uses the Service under your authority complies with these Terms of Service.
  • You are responsible for notifying us at <admin> at <trainingbusinesspros.com> if you become aware of any unauthorized use of or access to your membership portal and/or hosting service. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your workspace. Pilgrim Productions Incorporated will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your user, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Pilgrim Productions Incorporated or a third party due to someone else using your user.
  • Pilgrim Productions Incorporated is not responsible for backing up any of your information, databases, websites, etc. If you wish to add this service, you may do so for additional fees. Please contact your sales representative to add these features.

2. Privacy Policy

We’ve made every attempt to collect as little information as possible from you.

Regardless, the information we collect from you is for our use in contacting you, and only for our use. We will never sell, rent, give-away, barter, trade, or in any way misappropriate your information intentionally.

However, if you registered a company to our programs and/or services you give us a perpetual world-wide license to use your company’s assets and logos, unless we agree in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the homepage.

Payment and billing information collected during payment are collected by our payment processor, and is collected only for the purpose of conducting the transaction.

Please note that if you export any data, such information will no longer be under control of Pilgrim Productions Incorporated and therefore is no longer protected under our privacy policy.

Further information at https://www.trainingbusinesspros.com/privacy-policy/

3. Payment, Refunds, Upgrading and Downgrading Terms

By creating an account you agree to pay Pilgrim Productions Incorporated the fees indicated to you when you registered for the service in exchange for the Service.

The Service is billed in a “pre-paid” form, it is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months. In order to treat everyone equally, no exceptions will be made unless otherwise stated.

Upgrades occur immediately (upon successful payment processing).

All prices quoted are in CDN Dollars (with the exception of FormLift services which are in USD). Additional taxes (HST) could be added depending on your province if you are located in Canada. Prices are subject to change at the sole discretion of Pilgrim Productions Incorporated. Clients will be notified by email should there be an increase or change in pricing.

Payments can be made with credit card, check, or Paypal.

FAILURE TO RECOGNIZE CHARGES ON YOUR CREDIT CARD

If you fail to recognize the charges by Pilgrim Productions Incorporated on your credit statement, and transaction fees are applied for “chargebacks”, you will be responsible to refund Pilgrim Productions Incorporated for chargeback fees BEFORE service is restored.

Example: Stripe chargeback fees are $15 USD

We reserve the right to change the payment terms and fees without notice. Such change will be applicable as of the following subscription period. Clients can at any time cancel the current subscription and/or service. Pilgrim Productions Incorporated will delete any relevant work/service from cancelled accounts.

For hosting services clients and/or FormLift users:

Upgrading your Service may cause the loss of content, features, or capacity of your service. Pilgrim Productions Incorporated does not accept any liability for such loss, you are responsible for backing up content prior to a making any upgrades to your subscription service.

Downgrading your Service may cause the loss of content, features, or capacity of your service. Pilgrim Productions Incorporated does not accept any liability for such loss, you are responsible for backing up content prior to a subscription downgrade.

4. Modifications to the Service and Prices

Pilgrim Productions Incorporated reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Pilgrim Productions Incorporated shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Cancellation and Termination

Users of our hosting plans and or FormLift can at any time cancel the current subscription. By cancelling your subscription you don’t receive any rights to request a refund for the sums already paid for the service. All of your Content will be immediately deleted from the Service upon cancellation at the terms and conditions set forth below.

Pilgrim Productions Incorporated, in its sole discretion, has the right to suspend or terminate your service and refuse any and all current or future use of the Service, or any other Pilgrim Productions Incorporated service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your service or your access to your licence, and the forfeiture and relinquishment of all Content in your licence. Pilgrim Productions Incorporated reserves the right to refuse service to anyone for any reason at any time.

In any case of termination of Service, Pilgrim Productions Incorporated will give you advance notice that your subscription will be cancelled and/or service will be denied  and you will be given the chance to make appropriate arrangements to either move your hosting package and/or makes changes to service. This will be the last chance for you to download your Content, so we recommend you to pay specific attention to that since Cancellation will determine the immediate deletion of your Content.

The information cannot be recovered once your account is deleted, so please ensure you have made backups of any information you want to keep.

6. Copyright and Content Ownership

We claim intellectual property rights over the licences you choose to pay for. However, we claim no copyright or ownership over websites that utilize our hosting service unless otherwise indicated in service contracts. Your content and materials uploaded remain yours.

However, if you have been invited to host a website with us, you acknowledge and agree that that what you upload to our server, that you have all copyright ownership to in accordance with applicable local laws, including but not limited to pictures, videos, third-party integrations, managing permissions, and accessing, modifying, or removing content that you submit or upload to the Service.

Pilgrim Productions Incorporated does not pre-screen your content, but Pilgrim Productions Incorporated and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content should violations be reported.

7. Intellectual Property

FormLift is copyrighted © 2018 Pilgrim Productions Incorporated All rights reserved. No intellectual property of Pilgrim Productions Incorporated or any third party is transferred, and all right, title and interest in and to such property will remain (as between the parties) solely with Pilgrim Productions Incorporated. Training Business Pros &  FormLift, its logo(s), and all other trademarks, service marks, graphics and logos used in connection with Pilgrim Productions Incorporated, or the Services are trademarks or registered trademarks of Pilgrim Productions Incorporated or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Pilgrim Productions Incorporated or third-party trademarks. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Pilgrim Productions Incorporated.

If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

8. Jurisdiction and sole competent court

Any disputes will be resolved in the jurisdiction of  Toronto Ontario, Canada, and Canadian law is this governing law for this contract jurisdiction.

9. General Conditions

Technical support is available via email, phone support and FB groups such as Business Heroes Toronto and FormLift User Group. Pilgrim Productions Incorporated shall use reasonable efforts to respond within one business day. E-mails received are kept indefinitely.

You understand that Pilgrim Productions Incorporated uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pilgrim Productions Incorporated, or any other Pilgrim Productions Incorporated service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pilgrim Productions Incorporated.

We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pilgrim Productions Incorporated customer, employee, member, or officer will result in immediate service termination.

While Pilgrim Productions Incorporated prohibits such conduct and content on the Service, you understand and agree that Pilgrim Productions Incorporated cannot be responsible for third party services, service providers and/or third party software and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth consumption exceeds what you have purchased, we will not be responsible for any losses and/or damages incurred due to interruption of service. You will have the option to upgrade your account and/or make other arrangements to satisfy your usage.

Written notices include, but are not limited to, emails.

If a separate agreement is signed between the Customer and Pilgrim Productions Incorporated such agreement will prevail over these Terms of Service, unless otherwise specified in the agreement. If you are a “website design” customer, you may be subject to different terms and conditions in accordance with the agreement signed between Customer and Pilgrim Productions Incorporated.

10. General Representation and Warranty

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Pilgrim Productions Incorporated does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.

You represent and warrant that (i) your use of the Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Italy or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

11. Limitation of liability

You expressly understand and agree that Pilgrim Productions Incorporated shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pilgrim Productions Incorporated has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service. In no event shall Pilgrim Productions Incorporated be liable for any amounts exceeding the amount paid to it under this agreement.

12. Indemnification

You agree to indemnify and hold harmless Pilgrim Productions Incorporated, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

The failure of Pilgrim Productions Incorporated to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pilgrim Productions Incorporated and govern your use of the Service, superseding any prior agreements between you and Pilgrim Productions Incorporated (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to admin@trainingbusinesspros.com

Service Legal Agreement(s)

Our Hosting service

Please note that our “Hosting Services” are limited by Siteground service agreement. By agreeing to host your website on our server, you agree to Siteground’s terms and conditions.

Siteground terms and conditions.

These may be modified or revised without notice.

Applicable

This Service Level Agreement applies to “YOU” if YOU have a paid for a service and you are in good financial standing with Pilgrim Productions Incorporated (eg. No overdue invoices).

Last update: July 11, 2018