TERMS & CONDITIONS OF PURCHASE*
*the conditions of purchase do not apply for the free preview of modules.
You are purchasing access for one (1) person to The Market Gardener’s Masterclass program (referred to below as the “The Market Gardener’s Masterclass Product,” the “The Market Gardener’s Masterclass Program,” “The Market Gardener’s Masterclass” or the “Program”) from 9354-2801 Québec Inc. (the “Company,” “we,” or “us”). You must be at least 13 years of age or older to purchase access to the The Market Gardener’s Masterclass Product Children under the age of majority should review this Agreement with their parent or legal guardian.
THE SECTION BELOW TITLED “CLASS ACTION WAIVER”. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You agree that the The Market Gardener’s Masterclass Product contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the The Market Gardener’s Masterclass Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the The Market Gardener’s Masterclass Product or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the The Market Gardener’s Masterclass Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, The Market Gardener’s Masterclass, or the The Market Gardener’s Masterclass Content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the The Market Gardener’s Masterclass Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S THE MARKET GARDENER’S MASTERCLASS PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the The Market Gardener’s Masterclass Product are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Market Gardener’s Masterclass Product includes access for one (1) person. Upon registration, you will be prompted to create one username, password, and member profile for use during the live course and in the private member section of the Site as well as the exclusive directory listing.
If you would like to take The Market Gardener’s Masterclass along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take The Market Gardener’s Masterclass, a separate membership will need to be purchased for each participating member.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Masterclass Participants” or “Program Participants”).
By purchasing access to the Program, you agree:
- not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;
- that any confidential information shared by Masterclass Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
- not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Masterclass Participants during training sessions;
- that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
- the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
- that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
THE MARKET GARDENER’S MASTERCLASS MEMBER AREA AND COMMUNITY RULES
No Solicitation Within the The Market Gardener’s Masterclass Member Area:
The Market Gardener’s Masterclass community is about learning how to get customers, but is not about trying to turn other The Market Gardener’s Masterclass Participants into your customers. You are not permitted to offer your services, sell your programs or products, or invite The Market Gardener’s Masterclass Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the The Market Gardener’s Masterclass Member Area is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the The Market Gardener’s Masterclass Program without refund.
The Market Gardener’s Masterclass Community Rules:
Be kind. We have a zero tolerance policy for negativity, bullying, drama, gossip, or toxic energy. Encourage and support your peers. Never make anyone feel unwelcome or judged; treat everyone with love and acceptance. If you disagree or have an opposing viewpoint to share, do it with respect, honor and from a place of compassion. Spirited debate about ideas or concepts is awesome, personal attacks are not. If you can’t be kind, be quiet. Violation of this rule is grounds for immediate and permanent removal from the community without a refund.
Don't trash talk. This is a no trash talking zone: about Jean-Martin Fortier, the Masterclass team, The Market Gardener’s Masterclass program, or anyone else, member of the Masterclass or not. We don't put anyone down, be it other programs, teachers or people. This applies to issues with other peers in the Program as well. Do not create drama by posting “A certain member of the Program did X and I’m so upset” or “Someone in this group did Y, that wasn’t cool.” If you have an issue or grievance -- either with the program, or each other, bring it directly to the party you have issue with. Find resolution. It’s the adult and responsible thing to do. If you feel it’s important for us to know, please take screenshots, collect your records of the transactions or communications, and let the Masterclass team by writing [email protected]. We don’t want charlatans or scammers in this community and we’ll take action.
Be generous. Give more than you ask. Share what you’re working on, but keep a larger emphasis on sharing support, wisdom, and encouragement. Think 3:1. Give 3X more support, insight, and encouragement than you ask for.
Be ethical and original. Don’t copy, steal or share other people’s intellectual property. Don’t reuse or repurpose other members’ content. If you have a question or case of infringement, write to the party directly. Be sure to take screenshots and capture all communication to prove your case. If you need further assistance, write us directly [email protected]. We take these issues seriously and it is grounds for possible removal from the program and community. If we find that you are only here to take others work as your own, this is NOT the place for you and you will be removed without refund.
Don't spam, mass mail or violate privacy. Never email or contact other members without their permission, or add people to your newsletter list. Violating this is grounds for immediate removal without a refund. If in doubt - write [email protected]. We’re always here to help finesse any situation; better safe than sorry.
Do your due diligence. If you decide to hire anyone or create any contractual relationship (verbally or written) with someone you’ve met through your membership in The Market Gardener’s Masterclass, you do so at your own risk. Please do your due diligence and always get clear, written contracts and service agreements in place. While we love to believe everyone in the world is honest and ethical, that’s just not the case. The Market Gardener’s Masterclass Program, 9354-2801 Québec Inc. and/or Jean-Martin Fortier are not responsible for any loss of revenue, damages, breach of contract, or any other unfavorable circumstance as a result of that relationship.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other The Market Gardener’s Masterclass Participants. These third-party materials and websites are not part of the The Market Gardener’s Masterclass Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
You are responsible to pay for The Market Gardener’s Masterclass Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or another payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company's sole discretion until the account is caught up and in good standing.
If your account remains in delinquent status for longer than ninety (90) days, the Company reserves the right to permanently delete your account.
To be clear, The Market Gardener’s Masterclass is not a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.
We are committed to providing you with high-quality educational content detailing JM Fortier’s biointensive market gardening methods. Our refund policy exists so that you can trust that we will do all we can to deliver on our promises. However, we cannot guarantee that taking our course is the right decision for you personally or financially.
We understand that our program is a serious investment for a small-scale farmer, and we expect you to do your due diligence before purchasing our program to be certain that it is the right step for you. Change of heart or lack of funds will not be admissible as reasons for wanting a refund.
If you sincerely engage with the course and don’t get the value or feel your learning style doesn’t match how we teach, we’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:
- Deadline to Apply for Refund. To be eligible for a refund, you must submit your request within 14 days of purchase. The deadline exists because if you sign up for The Market Gardener’s Masterclass, we want you to get started. If you don’t plan on starting right away but want to sign up this year, we'd love to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline.
- Completed Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve).
- Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
- Please do not enroll in The Market Gardener’s Masterclass if you just want to "check it out." We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. The Market Gardener’s Masterclass is for serious students only.
THE MARKET GARDENER’S MASTERCLASS PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we've taken all reasonable efforts to ensure that we accurately represent our programs and their potential to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE MARKET GARDENER’S MASTERCLASS PRODUCT IS AT YOUR SOLE RISK. By purchasing access to the The Market Gardener’s Masterclass Product, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, farming performance, client base growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, agronomical or financial advice.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the Province of Quebec and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the Province of Quebec, Canada, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE MARKET GARDENER’S MASTERCLASS PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MARKET GARDENER’S MASTERCLASS PRODUCT AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Market Gardener’s Masterclass, or Jean-Martin Fortier, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Market Gardener’s Masterclass Product is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in The Market Gardener’s Masterclass Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The Market Gardener’s Masterclass Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The Market Gardener’s Masterclass Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at [email protected].
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of The Market Gardener’s Masterclass Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and provincial courts in the Province of Quebec, for purposes of any such action by the Company.
10) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
11) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
12) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.