By using this website and the various related products and services (together hereafter, referred to as the “site”) , you are agreeing to comply with and be bound by the terms and conditions of use (below) and the privacy policy.  The terms “Provider”, “us”, or “we” refer to Dawn Martinello, the owner of this website whose registered office is located in Windsor, ON, Canada.  “you” hereafter refers to the user or viewer of the site.

1. Acceptance of our Terms

i) The information contained on this Site is not meant to diagnose, treat, cure, or prevent any disease. Statements on this website have not been evaluated by the Food and Drug Administration. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using these products.

ii) The information you find on this Site is meant for educational and information purposes only. Perform your own due diligence and become involved in making your own health care decisions based upon your findings and in conjunction with your preferred health care provider.

iii)  Your use of information, services, products or materials on the Site is at your own risk and we are not liable.  Please ensure that any information, services, products or materials you choose to use or consume will meet your needs and requirements.

iv) IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS YOUR ONLY OPTION IS NOT TO VISIT, VIEW, UTILIZE THE SERVICES OR PURCHASE THE PRODUCTS OF THIS SITE.  YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE SITE AND PROVIDER AND YOUR CONTINUED USE OF THE SITE INDICATES YOU CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT.

 

2. Provision of Services

You agree and acknowledge that the Site and Provider is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that dawnmartinello.com is entitled to provide services to you through subsidiaries or affiliated entities.

3. Proprietary Rights

You acknowledge and agree that the Site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties.  Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content

When you submit content to the Site you simultaneously grant the Site an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to the Site.

5. Termination of Agreement

The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

6. Disclaimer of Warranties

You understand and agree that your use of this Site is entirely at your own risk and that our services are provided “As Is” and “As Available”. We do not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Site, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

7. Limitation of Liability

You understand and agree that the Site and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not dawnmartinello.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the Site and Provider is limited to the greatest extent permitted by law.

8. External Content

We may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that we are not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

i) You will note that some links on the Site are affiliate links.  There is no additional cost to you, and in some cases, I will earn a commission should you decide to make a purchase using one of those links.

ii) You should assume that a link to an outside resource, whether on the Site or inside an email correspondence from me, contains an affiliate link. These links are provided at absolutely no additional cost to you and I will earn a commission based on your purchase.

9. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the Windsor, Ontario, Canada determined solely by the Provider to resolve any legal matter arising from this agreement or related to your use of this site. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.  Furthermore, if you unsuccessfully challenge the enforceability of any clause, you will reimburse the prevailing party for all attorney and court costs and fees.

10. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and the Site. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms

We reserve the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of the Site after any changes to Terms will signify your agreement to be bound by them.