Last Modified: November 18, 2020
Colleen Miller Nutrition Consulting is a business registered in Ontario, Canada. In consideration for permitting your access to our website (“Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Colleen Miller Nutrition Consulting's, ("we", "us" or "our") Website hosted at https://www.colleenmillernutrition.com and other domains and sub-domains.
THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.
By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement between you and us.
Acceptance of Risk and Disclaimers
Everything on our Website is provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
While we may display dietary and other information on the Website, such information is not, nor is it intended to be specific advice for you. You should not act or rely on any information found on our Website or our social media accounts without first consulting us or another registered dietitian or medical professional. Dietary information may apply differently to you based on your circumstances including, for example, any medical conditions or food allergies you may have.
You agree that while we strive to bring you accurate information, we do not guarantee the accuracy, currency or completeness of the any information posted on the Website or otherwise made available to you, including via our social media accounts.
Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users of the Website, our independent contractors, third party service providers or payment processors.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR COLLEEN MILLER, THE PROPRIETOR OF COLLEEN MILLER NUTRITION CONSULTING OR OUR AFFILIATED OR RELATED ENTITIES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURTY YOU SUFFER, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE), REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR OUR CONSULTATION SERVICES WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Ownership of the Website and Its Contents
Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Colleen Miller Nutrition Consulting, including our logo, without our express permission.
You agree that you:
Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation;
Will not disclose personally identifiable information belonging to others, including but not limited to their health information, unless authorized to do so;
Will not use the Website in a way that has any unlawful or fraudulent purpose or effect; and
Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at firstname.lastname@example.org. While we take no responsibility for any Website user, licensor or supplier of content who breaches your copyright by making it available on our Website, we may, in our sole discretion and without liability undertake to remove the content in question.
Whether or not we are affiliated with websites or third-party vendors that may be linked to our Website, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites or social media accounts not owned or operated by us. Links found on our Website are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on such third party websites or social media accounts. You access those links and corresponding website and social media accounts at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Interpretation Against Drafter
If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of Colleen Miller Nutrition Consulting, or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU AGREE TO STOP ACCESSING THE WEBSITE. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THESE TERMS AND OUR POLICIES.