Terms of Condition

ACCEPTANCE OF THE TERMS AND CONDITIONS

The following terms and conditions (these "Terms and Conditions")
constitute an agreement between 1000457968 Ontario Inc. (operating as “DM Consulting Inc.”) (the “Company”, “we”, “us”, “our”) and you, and governs your access to, and use of,
WWW.DIANAMARTINS.CA” (the "Website").

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE WEBSITE.

MEDICAL, HEALTH, AND SERVICES DISCLAIMER


DIANA MARTINS (“DIANA”) IS NOT A DOCTOR, PHYSICIAN, NURSE, PHYSICIAN’S ASSISTANT, ADVANCED PRACTICE NURSE, OR ANY OTHER MEDICAL PROFESSIONAL (“MEDICAL PROVIDER”), PSYCHIATRIST, PSYCHOLOGIST, THERAPIST, COUNSELOR, OR SOCIAL WORKER (“MENTAL HEALTH PROVIDER”), REGISTERED DIETICIAN OR LICENSED NUTRITIONIST.

DIANA IS NOT PROVIDING HEALTH CARE, MEDICAL, OR NUTRITIONAL THERAPY SERVICES, OR ATTEMPTING TO DIAGNOSE, TREAT, PREVENT OR CURE ANY PHYSICAL, MENTAL, OR EMOTIONAL ISSUE, DISEASE, OR CONDITION. THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, OR THROUGH ANY SERVICES PROVIDED BY THE COMPANY OR BY DIANA IS NOT INTENDED TO BE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY YOUR OWN OR YOUR CHILD’S MEDICAL PROVIDER OR MENTAL HEALTH PROVIDER.

ALWAYS SEEK THE ADVICE OF YOUR OWN OR YOUR CHILD’S MEDICAL PROVIDER AND MENTAL HEALTH PROVIDER, AS APPLICABLE TO YOU OR YOUR CHILD, REGARDING ANY QUESTIONS OR CONCERNS YOU HAVE ABOUT YOUR OR YOUR CHILD’S SPECIFIC HEALTH OR ANY MEDICATIONS, HERBS, OR SUPPLEMENTS YOU OR YOUR CHILD ARE CURRENTLY TAKING, AND BEFORE IMPLEMENTING ANY RECOMMENDATION OR SUGGESTIONS FROM THE WEBSITE, THE COMPANY, OR FROM DIANA. DO NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION YOU HAVE READ ON THE WEBSITE OR THAT YOU MAY HAVE RECEIVED FROM THE COMPANY OR FROM DIANA. DO NOT START OR STOP TAKING ANY MEDICATIONS WITHOUT SPEAKING TO YOUR OWN OR YOUR CHILD’S MEDICAL PROVIDER OR MENTAL HEALTH PROVIDER, AS APPLICABLE TO YOU OR YOUR CHILD. IF YOU OR YOUR CHILD HAVE OR SUSPECT THAT YOU HAVE A MEDICAL OR MENTAL HEALTH PROBLEM, PROMPTLY CONTACT YOUR OWN OR YOUR CHILD’S MEDICAL PROVIDER OR MENTAL HEALTH PROVIDER, AS APPLICABLETO YOU OR YOUR CHILD.

WEBSITE AND SERVICES DISCLAIMER

The Website, its content, and any services found or attained through the Website or through the Company are provided on an "as available" basis, without any warranties or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, performance, fitness for a particular purpose, or non-infringement, all of which are disclaimed by the Company to the fullest extent permitted by law.

Your use of the Website is at your own risk and neither the Company nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Website.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, OR ANY LINKE WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content other than as expressly authorized in these Terms and Conditions.

USE OF THE WEBSITE AND SECURITY

Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them.
You are prohibited from attempting to circumvent and from violating the security of this Website.

The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CONDITIONS OF USE AND USER SUBMISSIONS

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

You understand and agree that you, not the Company, nor the Company's directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

SITE MONITORING, SUSPENSION, AND TERMINATION

The Company has the right, without provision of notice to terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.


NO RELIANCE

This Website may include links to, and content provided by, third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

We make no representations about any other websites that may be accessed from the Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.


PRIVACY

By using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any user content submissions as we deem necessary for use of the Website.

By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.


Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. You may only use the Website for your personal and non-commercial use.

GOVERNING LAW AND CHOICE OF FORUM

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada as applicable.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE


We reserve the right in our sole discretion to revise and update these terms and conditions from time to time without notice. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms and Conditions.

SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

These Terms and Conditions constitute the sole and entire agreement between you and the Company—except with respect to any written agreement between the Company and you for the provision of services—and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.


CONFLICT

Subject only to the sole discretion of the Company, if there is a conflict between these Terms and Conditions and any signed written agreement between the Company and you, the signed written agreement between the Company and you shall succeed.

REPORTING AND CONTACT

This website is operated by 1000457968 Ontario Inc. (operating as “DM Consulting Inc.”).

Any inquiry or comment, including with respect to the contents of these Terms and Conditions, should be sent to “info@dianamartins.ca”.

March 23, 2024

Terms & Conditions
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