These terms and conditions (the “Terms and Conditions”) govern the use of www.nicoledarechuk.ca
(the “Site”). This Site is owned and operated by Nicole Darechuk. This Site is a business to business
services.
By using this Site, you indicate that you have read and understand these Terms and Conditions and
agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT
IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT
CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Nicole Darechuk and the Site’s
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not
to:
– Harass or mistreat other users of our Site;
– Violate the rights of other users of our Site;
– Violate the intellectual property rights of the Site owners or any third party to the Site;
– Hack into the account of another user of the Site; or
– Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions,
we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to
take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you
violate these Terms and Conditions.
Limitation of Liability
Nicole Darechuk and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your
use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Nicole Darechuk
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your
violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Nicole Darechuk are
unable to resolve any dispute through informal discussion, then you and Nicole Darechuk agree to
submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation
fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a
neutral party acceptable to both you and Nicole Darechuk. The costs of any mediation or arbitration
will be shared equally between you and Nicole Darechuk.
Notwithstanding any other provision in these Terms and Conditions, you and Nicole Darechuk agree that you both retain the right to bring an action in small claims court and to bring an action for
injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.