Legal Stuff
Terms and Conditions
Last updated: August 25, 2025
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the https://www.tenaciousliving.com website (the "Site") operated by Katherine Casey, and “Tenacious Living Coaching”, a division of Tenacious Living Limited (collectively, "Tenacious Living", "us", "we", or "our").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
Your access to and use of the Site is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Site.
PURCHASES
If you wish to purchase any service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to service availability, errors in the description or price of the service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure of the Purchase to complete, or any resulting loss or damages to you.
AVAILABILITY, ERRORS, AND INACCURACIES
To provide exceptional service and accuracy, we regularly update the materials and services on the Site.
However, we cannot and do not guarantee the accuracy or completeness of any information, including materials, prices, and services. As services and scientific practices and findings are constantly changing, you agree that we are not responsible for the accuracy of any content on the Site or for any errors or omissions that may occur. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the services available on our Site may have inaccuracies or a typographical error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Site and in our advertising on other websites.
INTELLECTUAL PROPERTY/COPYRIGHT
The Site and all contents, including but not limited to text, images, graphics, or code are the property of Katherine Casey and Tenacious Living and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Site only for your own non-commercial use, or to place an order with Tenacious Living. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of Tenacious Living or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Site.
TRADEMARKS
The name Tenacious Living® is a legally registered trademark in Canada.
LINKS TO OTHER WEBSITES
The Site may contain links to third-party websites or services that are not owned or controlled by Tenacious Living.
Tenacious Living has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Katherine Casey and Tenacious Living shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
TERMINATION
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Site will immediately cease.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tenacious Living, its principals, officers, directors, shareholders, representatives, employees, agents, consultants, affiliates, joint venture partners, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to this Site.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Site; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Site.
LIMITATION OF LIABILITY
Tenacious Living, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss, or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third party on or related to the Site; (iv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER AND NON-WAIVER OF RIGHTS
Tenacious Living makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Katherine Casey and Tenacious Living, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
If you breach any of these Terms and Katherine Casey or Tenacious Living choose not to immediately act or chooses not to act at all, Katherine Casey and Tenacious Living will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Katherine Casey and Tenacious Living do not waive any of their rights. Katherine Casey and Tenacious Living shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
NO GUARANTEE
As in life generally, there are no guarantees. Your success when using this Site is dependent upon your own commitment and effort and is in no way the responsibility of Tenacious Living. As such, you acknowledge and agree that there are no guarantees to specific outcomes or results that you may expect from using the information found on this Site.
EXCLUSIONS
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain services provided.
GOVERNING LAW
These Terms shall be governed by and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements, oral or otherwise, regarding the Site.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website.
CONTACT US
If you have any questions about these Terms, please contact us at hello@tenaciousliving.com or by mail at:
Katherine Casey
Tenacious Living Limited
P.O. Box 99900 FE 402 | 918 STN MAIN | Innisfil ON L9S 0K5 | CANADA
Privacy Policy
Last updated: August 25, 2025
Tenacious Living ("us", "we", or "our") operates the https://www.tenaciousliving.com website (the "Site") and is the Data Controller for the site.
This Privacy Policy relates to the collection, use, disclosure, and consent of Personal Information received from users of the site. By using the site, you agree to the collection and use of said information in accordance with this policy.
PERSONAL INFORMATION COLLECTION, USE, DISCLOSURE, AND CONSENT
Personal Information (or Personal Data) may include your name, email address, age, home address, phone number, geographic location, credit information for payment purposes and browsing habits on this site.
We are committed to providing our clients, customers, members ("you", "your" or "them") with exceptional service. Providing exceptional service may involve the collection, use and, at times, the disclosure of your Personal Information. Protecting your Personal Information is one of our highest priorities. While we have always respected your privacy and safeguarded all Personal Information, we have strengthened our commitment to this goal. This is to continue to provide exceptional service to you and to comply with all laws regarding the collection, use and disclosure of Personal Information. We will inform you of why and how we collect, use, and disclose Personal Information; obtain your consent, as required; and handle Personal Information according to applicable law. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your Personal Information.
This page informs you of our policies regarding the collection, use, and disclosure of Personal Information when you use our Site.
We will not use or share your information with anyone except as described in this Privacy Policy.
We will only collect Personal Information that is necessary to fulfill the specific purposes. While most of our services do not require any form of registration, allowing you to visit our Site without telling us who you are, some services may require you to provide us with Personal Information, which may include your direct identifiers, such as name, birth date, email address or telephone number. We may collect and use Personal Information to provide you with services, to bill you for services you request, to market services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Information from you.
We will obtain your consent to collect, use or disclose Personal Information. In some cases, we can do so without your consent (see below). You can provide consent orally, in writing, electronically or through an authorized representative.
You provide implied consent where our purpose for collecting using or disclosing your Personal Information would be considered obvious or reasonable in the circumstances. Consent may also be implied where you have notice and a reasonable opportunity to opt-out of having your Personal Information used for mail-outs, marketing or fundraising and you do not opt-out.
We may collect, use, or disclose Personal Information without the consent:
When permitted or required by law;
In an emergency that threatens an individual's life, health, or personal security;
When the Personal Information is available from a public source;
When we require legal advice from a lawyer;
For the purposes of collecting a debt or protection from fraud;
Other legally established reasons
We will not sell your Personal Information to other parties unless consent has been provided or implied.
RETENTION
We retain your Personal Information for the time necessary to fulfill the identified purposes or a legal or business purpose. Please note that basic information, including contact, identity, financial and transaction data, may be required to be retained for tax purposes for seven years after a customer ceases to be a customer.
OPT-IN, MODIFY OR REMOVE
We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request a correction/change to your Personal Information to ensure its accuracy and completeness, have us delete any of your Personal Information, or express concern about our use of your Personal Information. A request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought. To modify an email subscription, you can find an unsubscribe link at the bottom of each email.
LOG DATA
We may also collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
COOKIES
Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your Personal Information may be implied.
SERVICE PROVIDERS
We may employ third-party companies and individuals (IT and system administration services, email marketing providers, and web hosting) to facilitate our Site, to provide the Site on our behalf, to perform Site-related services, or to assist us in analyzing how our Site is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
COMMUNICATIONS
We may use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
COMPLIANCE WITH LAWS
As set out above, and for clarity, we will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Site.
SECURITY
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We are committed to ensuring the security of your Personal Information and may use passwords, encryption, firewalls, restricted employee access, or other methods, at our discretion. We will use appropriate security measures when destroying your Personal Information such as shredding documents or deleting electronically stored information, at our discretion.
INTERNATIONAL TRANSFER
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
If you are located outside Canada and choose to provide information to us, please note that we transfer the information, including Personal Information, to Canada and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
LINKS TO OTHER SITES
Our Site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
CHILDREN'S PRIVACY
Our Site does not address anyone under the age of 18 ("Minor").
We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minors without verification of parental consent, we take steps to remove that information from our servers.
LEGAL BASIS FOR PROCESSING DATA
Our legal basis under the GDPR for processing our Personal Information is either through your consent or to pursue a legitimate interest which is growing our business. We collect your Personal Information, such as name, email, address, telephone number, credit card number, and other relevant data, for the purpose of providing you with support, services, mailings, sales and marketing actions, billing and to meet contractual obligations.
Further, your rights under the GDPR which are addressed by this Privacy Policy and respected in the collection of your Personal Information include:
Right to be informed;
Right of access;
Right of rectification;
Right to erasure;
Right to restrict data processing;
Right of data portability;
Right to object; and
Rights of protection from automated decision-making processes.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.
ONLINE PRIVACY POLICY
This Privacy Policy refers only to information collected through the website www.tenaciousliving.com and does not apply to Personal Information collected in person at events, workshops, coaching calls, or on social media.
YOUR CONSENT
In using this site, you agree to this Privacy Policy.
PRIVACY POLICY CONTACT INFORMATION
We welcome your feedback, so if you have any questions about this Privacy Policy, please contact us at hello@tenaciousliving.com or by mail at:
Katherine Casey
Tenacious Living Limited
P.O. Box 99900 FE 402 | 918 STN MAIN | Innisfil ON L9S 0K5 | CANADA
Disclaimer
Last updated: August 25, 2025
The information contained on https://www.tenaciousliving.com website (the "Site") is for general information purposes only.
Neither Katherine Casey nor Tenacious Living assumes any responsibility for errors or omissions in the content on the Site.
In no event shall Katherine Casey nor Tenacious Living be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Site or the contents of the Site. Katherine Casey and Tenacious Living reserve the right to make additions, deletions, or modifications to the contents on the Site at any time without prior notice.