Terms of Service

Introduction

This terms of service agreement covers www.jennidiamond.me. This website is owned and operated by Jenni Diamond.

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of July 31, 2023.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website(s) and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, payment info, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. You agree to indemnify and hold harmless Jenni Diamond and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Payment

You agree to pay, and authorize Jenni Diamond’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in Canadian Dollars and are non-refundable except as required by law. Jenni Diamond is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

General Prohibitions and Acceptable Usage

You agree that you will not:

  • Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, please refer to the link at the bottom of this page.

Limitation of Warranties

By using our website(s), you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Jenni Diamond or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Jenni Diamond will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

All information stated on jennidiamond.me is for informational purposes only and does not constitute medical advise. BY ACCESSING THESE SITES YOU HEREBY WAIVE JENNI DIAMOND OF ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.

Jenni Diamond does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.

Copyrights/Trademarks

All content and materials available on www.jennidiamond.me, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Jenni Diamond, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Jenni Diamond.

Consent to Occupational Therapy Services

By participating in Occupational Therapy Services, the client agrees to the following:

You, the client, are voluntarily choosing to participate in these services. You have been examined by your physician and have obtained his/her approval to participate in these services. 

You understand that you are not obligated to perform nor participate in any services or treatment that you do not wish to do, and that it is your right to decline such participation at any time.

In the event of injury resulting from or related to the services, no medical treatment or monetary compensation will be provided by Jenni Diamond. You assume the full risk associated with the participation in the services and treatment and agree to hold harmless Jenni Diamond. You expressly release and discharge Jenni Diamond from all claims, actions, judgments and the like which you or my heirs, executors, administrators or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with your participation in the services.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Jenni Diamond. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our Country/Province, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or provincial courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, JENNI DIAMOND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Dispute Resolution and Governing Law

Jenni Diamond currently operates from Ontario, Canada. These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario Canada. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against Jenni Diamond arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release Jenni Diamond from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Jenni Diamond
jenni@jennidiamondhealth.com
Last updated May 1, 2023.