Terms OF SERVICE

Terms of Service – Acceptance

It is important that you read all the following terms and conditions carefully.

This Terms of Service Agreement (“Agreement”) is a legal agreement between you and David Nichols Coaching, the owner and operator (“Owner”) of this Website (the “Website”).

It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, downloads, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”).

By accessing and using the Website, you are indicating your acceptance bounded by the terms and conditions of this Agreement.

If you do not accept these terms and conditions, you must not access or use the Website. 

The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes posted, will signify your acceptance of these revised terms. 

You should visit this page periodically to review this Agreement.

No endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or may appear as advertisements on the Website.

Disclaimer of warranties

The Website and the Content are provided “AS-IS” and “AS-AVAILABLE.” While the Owner endeavours to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) posted on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your risk and liability.

Limitation of liability

In no event shall the Owner, its employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The preceding limitation shall apply even if the Owner knew of or thought to have known of the possibility of such damages.

The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”).
 

Under no circumstances shall the Owner, its employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

The preceding limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

Use prohibited where contrary to law

Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your risk.

Governing law and jurisdiction

The Owner operates the Website from its offices within the province or territory of Ontario, Canada.

You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles.

You agree and at this moment submit to the exclusive and preferential jurisdiction of the courts of the province or territory of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province or territory of Ontario.

Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein, and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice

Questions or comments regarding the Website should be directed by email to david@davidnicholscoaching.com

Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you on material downloaded from the Website and the disclaimers and limitations of liabilities outlined in this Agreement shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

Entire Agreement

This is the entire Agreement between you and the Owner relating to your access and use of the Website.