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TERMS OF USE


AGREEMENT BETWEEN USER AND DIAMOND ACADEMY COACHING INC.


The Diamond Academy Coaching Inc. (“Diamond Academy”) Web Site known as “Kathleen Cameron Official” (www.kathleencameronofficial.com) is comprised of various Web pages operated by Diamond Academy.


The Kathleen Cameron Official Web Site and content contained therein (collectively the “Content”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Content constitutes your agreement to all such terms, conditions, and notices.


MODIFICATION OF THESE TERMS OF USE

Diamond Academy reserves the right to change the terms, conditions, and notices under which the Content is offered, including but not limited to the charges associated with the use of the Kathleen Cameron Official programs or Content. Any such changes shall be effective immediately upon being posted to the Kathleen Cameron Official Web Site.


PRIVACY POLICY

Diamond Academy respects the privacy of our users. For details please see our Privacy Policy. By using the Kathleen Cameron Official Web Site and/or accessing the Content, you consent to our collection and use of personal data as outlined therein. 


LINKS TO THIRD PARTY SITES

Kathleen Cameron Official Web Site or Content may contain links to other web sites (“Linked Sites”) which are not operated by Diamond Academy. These Linked Sites are not under the control of Diamond Academy and Diamond Academy is not responsible for the contents of any such Linked Sites, including without limitation any further link contained in the Linked Sites, or any changes or updates to any Linked Sites. Diamond Academy is not responsible for webcasting or any other form of transmission received from any Linked Sites. Diamond Academy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Diamond Academy of the sites or any association with their operators.  


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Kathleen Cameron Official Web Site and Content, you warrant to Diamond Academy that you will not use the Kathleen Cameron Official Web Site or Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kathleen Cameron Official Web Site or Content in any manner which could damage, disable, overburden, or impair the Kathleen Cameron Official Web Site or Content or interfere with any other party’s use and enjoyment of the Kathleen Cameron Official Web Site or Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kathleen Cameron Official Web Sites or other affiliated Diamond Academy web sites (if applicable).


PERMITTED USE

The Kathleen Cameron Official Web Site, and any content viewed through it, is solely for personal and non-commercial use. Except for the foregoing limited permitted use, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Notwithstanding the foregoing, Diamond Academy may revoke your authorization to use its Kathleen Cameron Official Web Site or Content at any time in its sole discretion. Upon such revocation, you must promptly destroy all Content downloaded or otherwise obtained through the service, as well as all copies of such materials, whether made in accordance with these Terms of Service or otherwise.


Unless otherwise expressly authorized herein or by Diamond Academy in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Kathleen Cameron Official Web Site. 


REGISTRATION OBLIGATIONS

You may be required to register with Diamond Academy in order to access and use certain features of the Kathleen Cameron Official offerings. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Kathleen Cameron Official Web Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Kathleen Cameron Official Web Site.


MEMBER ACCOUNT, PASSWORD AND SECURITY

You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Diamond Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Kathleen Cameron Official Web Site. Diamond Academy will not be liable for any loss or damage arising from your failure to comply with this section.


COURSES AND CERTIFICATES

Diamond Academy does not verify, vet, or guarantee that any participant of a course is qualified to take such course; and no refund will be provided in the event that a participant fails to properly satisfy themself of the appropriateness of a particular Kathleen Cameron Official course / class prior to enrollment.  


Kathleen Cameron Official courses / classes may provide for a certificate of completion, upon the successful completion of said course / class; and successful completion may require successful completion of an examination or test, in accordance with Diamond Academy’s program guidelines; all of which is at the sole discretion of Diamond Academy.


Kathleen Cameron Official course / class content, and any related completion requirements, are subject to change from time-to-time, at the sole discretion of Diamond Academy. No change in Content or completion requirements will entitle participants to a refund, except in the sole discretion of Diamond Academy.


USE OF COMMUNICATION SERVICES

The Kathleen Cameron Official offerings may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Diamond Academy has no obligation to monitor the Communication Services. However, Diamond Academy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Diamond Academy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.


Diamond Academy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Diamond Academy’s sole discretion.


Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Diamond Academy does not control or endorse the content, messages or information found in any Communication Service and, therefore, Diamond Academy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Diamond Academy spokespersons, and their views do not necessarily reflect those of Diamond Academy.


Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


MATERIALS PROVIDED TO DIAMOND ACADEMY OR POSTED AT ANY KATHLEEN CAMERON OFFICIAL WEB SITE PAGE

Diamond Academy does not claim ownership of the materials you provide to Diamond Academy (including feedback and suggestions) or post, upload, input or submit to the Kathleen Cameron Official Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Diamond Academy, its affiliated companies and necessary sublicensees permission to use and or all of your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.


No compensation will be paid with respect to the use of your Submissions, as provided herein. Diamond Academy is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Diamond Academy’s sole discretion.


By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


INDEMNITY AND RELEASE

To the fullest extent permitted by law, you agree to release, indemnify and hold Diamond Academy and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Kathleen Cameron Official Web Site, any Submissions, your connection to the services, your violation of these Terms of Use or your violation of any rights of another. If applicable, you waive any statue or doctrine which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” or any similar or comparable statute or doctrine. 


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KATHLEEN CAMERON OFFICIAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIAMOND ACADEMY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KATHLEEN CAMERON OFFICIAL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KATHLEEN CAMERON OFFICIAL WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DIAMOND ACADEMY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KATHLEEN CAMERON OFFICIAL WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIAMOND ACADEMY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIAMOND ACADEMY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KATHLEEN CAMERON OFFICIAL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KATHLEEN CAMERON OFFICIAL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KATHLEEN CAMERON OFFICIAL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KATHLEEN CAMERON OFFICIAL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIAMOND ACADEMY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.


IN NO EVENT SHALL DIAMOND ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIAMOND ACADEMY IN THE SIX (6) MONTHS PRIOR TO MAKING A CLAIM, OR, IF GREATER, ONE HUNDRED CANADIAN DOLLARS (CAN $100.00).


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


SERVICE CONTACT: info@diamondacademy.ca


TERMINATION/ACCESS RESTRICTION

Diamond Academy reserves the right, in its sole discretion, to terminate your access to the Kathleen Cameron Official Web Site and the related services or any portion thereof at any time, without notice. 


GENERAL 

These Terms of Use constitute the entire agreement between you and Diamond Academy and govern your use of the Kathleen Cameron Official Web Site, superseding any prior agreements between you Diamond Academy with respect to the same. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Use will be governed by the laws of Ontario and the laws of Canada applicable therein, and you hereby consent to the exclusive jurisdiction and venue of the courts in Guelph, Ontario, Canada, in all disputes arising out of or relating to the use of Kathleen Cameron Official Web Site and/or any courses / classes accessed therein. Use of the Kathleen Cameron Official Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Diamond Academy as a result of this agreement or use of the Kathleen Cameron Official Web Site. Diamond Academy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Diamond Academy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kathleen Cameron Official Web Site or information provided to or gathered by Diamond Academy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. In the event that a similar provision cannot be deemed to replace and supersede the offending provision, then the offending provision shall be deemed severed to the minimum extent necessary, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Diamond Academy with respect to the Kathleen Cameron Official Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Diamond Academy with respect to the Kathleen Cameron Official Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in the English language.


COPYRIGHT AND TRADEMARK NOTICES

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Kathleen Cameron Official Web Site, are copyrighted unless otherwise noted and are the property of the Diamond Academy and/or a supplier to Diamond Academy. No such materials may be used except as provided in these Terms of Use. All rights are reserved by Diamond Academy. 


Any rights not expressly granted herein are also reserved by Diamond Academy.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sentinfo@diamondacademy.ca


Questions? Concerns? Suggestions?

Please contact us at info@diamondacademy.ca report any violations of these Terms of Service or to pose any questions regarding this Terms of Use or to provide any other comments or suggestions.