TERMS & CONDITIONS
AGREEMENT BETWEEN USER & TORONTO LIFEGUARDING (WWW.TORONTOLIFEGUARDING.COM)
Welcome to www.torontolifeguarding.com, the official website of Toronto Lifeguarding & here onwards referred to as the "Site". Toronto Lifeguarding operates & maintains the Site. You are hereafter referred to as the "User". The User is allowed to access, browse, & use the Site provided their acceptance to the terms, conditions, & notices contained herein & referred to as the "Terms". If the User does not agree and/or is unsatisfied with the Terms at any time then they must exit the Site immediately. Toronto Lifeguarding may amend the Terms without notice at any time. It is the User's responsibility to review the Terms each time the Site is accessed.
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OWNERSHIP: All content that exists on the Site which includes but is not confined to designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos, & marks is owned by Toronto Lifeguarding, its licensors, suppliers, partners, or the party accredited as owner, and protected by copyright, trademark and intellectual property, & treaty provision laws.
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USE: The Site shall not be used by the User for any other purpose than to browse & view content, register for courses & programs, & to contact Toronto Lifeguarding. Any other use by the User will be against the Terms, examples include but are not confined to copying, reproducing, republishing, disassembling, decompiling, reverse engineering, downloading, posting, broadcasting, transmitting, making available to the public, or otherwise using this content in a way unintended by Toronto Lifeguarding; the User may not adapt, alter, or create a derivative work from the Site & its content; the User may not frame this Site or any part thereof on the Internet; the User possesses no rights or license to the Site except the limited right to use the Site in alignment with the usage terms outlined at the start of this clause; the User shall abide by all copyright laws & other laws protecting intellectual property & proprietary rights that protect the content included as part of usage of the Site (text, graphics, logos, images, videos, software, etc.) which is the property of Toronto Lifeguarding, its licensors, suppliers, partners, et al.; the User agrees they do not acquire any ownership rights on any content on the Site; the User agrees there are no licenses, expressed or implied, to the intellectual property of Toronto Lifeguarding & any other content contained on the Site; the User shall not use the Site for any prohibited or unlawful purpose; the User may not use the Site in any way which could harm, incapacitate, overburden, and/or impair the Site; the User shall not interfere with any entity's use & enjoyment of the Site; the User shall not obtain or attempt to obtain any content of the Site which has not intentionally been made available and/or provided for through the Site.
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PHOTOGRAPHY: By clicking the Register button on the Site when registering for a Toronto Lifeguarding program, the User hereby agrees & gives their permission for Toronto Lifeguarding and/or partners to record, film, photograph, audiotape, or videotape their/their ward's name, image, & performance (hereafter referred to as "Works") & to display, publish or distribute these Works for the purpose of publishing, posting on the Site and/or on Toronto Lifeguarding's social media & marketing outlets. By clicking the Register button the User (or on behalf of their ward) hereby waives any right to approve the use of these Works now or in the future, whether the use is known to them or unknown, and waives any right to any royalties related to the use of these Works. By clicking the Register button, the User hereby understands that the Works may appear in electronic form on the internet or in other publications outside of Toronto Lifeguarding's control & agrees that they will not hold Toronto Lifeguarding responsible for any harm that may arise from the Works. If the User wishes to register for a Toronto Lifeguarding program, but does not wish to give their consent or consent on behalf of their ward for any media action related to the Works then the User must notify Toronto Lifeguarding by writing (preferably email) in advance to registration.
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ELECTRONIC COMMUNICATIONS: Accessing the Site, posting or messaging a Toronto Lifeguarding social media profile, or sending emails to Toronto Lifeguarding constitutes electronic communications & implies the User's consent to receive such electronic communications along with their agreement that all notices, disclosures and/or other communications provided electronically (both via email, social media, & the Site) satisfy any legal requirement that such communications be in writing. The User, if under the age of 18, must have permission from their parent or legal guardian before accessing the Site and/or contacting Toronto Lifeguarding (either electronically, by phone, or any other method), Toronto Lifeguarding does not knowingly collect (either online or offline) personal information from them.
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THIRD PARTY WEBSITES & SERVICES: The Site may contain links to other websites hereafter referred to as "Linked Sites". Toronto Lifeguarding does not control the Linked Sites & is not responsible for any content found on them including, but not confined to, any link found or any changes & updates to the Linked Sites. Toronto Lifeguarding provides the Linked Sites out of convenience to the User & does not endorse any content contained therein or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose along with imply association to any of the operators of the Linked Sites. The Site makes certain services (hereafter referred to as the "Services") available to the User via third parties (hereafter referred to as the "Parties"). By using the Services on the Site, the User hereby consents to Toronto Lifeguarding sharing their information & data with the Parties. This shared information & data is only shared for the express purpose of Toronto Lifeguarding providing the product or service as requested by the User.
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INDEMNIFICATION: The User shall defend, indemnify, & hold harmless Toronto Lifeguarding, its Director, & all associated agents from & against any claims, losses, costs, liabilities, & expenses (including all legal expenses) relating to or arising from the User's use of or inability to use the Site, content the User transmits to the Site, the User's breach of any of the Terms, the User's violation of any rights of the Parties, or the User's violation of any applicable laws, rules, & regulations. Toronto Lifeguarding reserves the right, at its own expense, to assume the exclusive defense & control of any matter otherwise subject to indemnification by the User in which event the User shall cooperate in full with Toronto Lifeguarding to assert any available defenses.
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TERMINATION & ACCESS RESTRICTION: Toronto Lifeguarding may in its sole discretion restrict or terminate the User's access to the Site & the Services or any portion thereof at any time & without notice. In the event of termination, the User no longer has permission to access the Site & Toronto Lifeguarding holds no liability.
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GOVERNING LAW: To the maximum extent permitted by law, the Terms are governed by the laws of the Province of Ontario & the federal laws of Canada applicable therein. These laws pertain to the User's use of the Site, notwithstanding the User's domicile, residency, physical location, or location of use. The User hereby attorns to the exclusive jurisdiction & venue of the provincial courts of Ontario & all courts competent to hear appeals therefrom. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of the Terms including, but not confined to, this section. The User agrees that no relationship (whether commercial or non-commercial) exists between the User & Toronto Lifeguarding as a result of the Terms or use of the Site. Toronto Lifeguarding's performance & maintenance of the Terms is subject to existing provincial & federal laws & legal process. Nothing contained in the Terms is in derogation of or undermines Toronto Lifeguarding's right to comply with governmental, court, & law enforcement requests or requirements relating to the User's use of the Site or information provided to or collected by Toronto Lifeguarding regarding such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable provincial & federal laws including, but not confined to, the warranty disclaimers & liability limitations set forth below, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most accurately & closely aligns with the intent of the original provision & the remainder of the Terms shall continue in effect.
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LIABILITY DISCLAIMER: All content found on the Site including, but not confined to, information, software, products, & services may include inaccuracies or typographical errors. Toronto Lifeguarding & the Parties may make updates and/or changes to the Site at any time. Toronto Lifeguarding makes no representations about the quality, suitability, reliability, availability, timeliness, & accuracy of the Site or any content contained therein for any purpose. To the maximum extent allowed by applicable law, the Site & all of its content are provided to the User "as is" without warranty or condition of any kind. Toronto Lifeguarding hereby disclaims all warranties & conditions pertaining to the Site & all of its content including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, & non-infringement. To the maximum extent allowed by applicable law, in no event shall Toronto Lifeguarding be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, but not confined to, damages for loss of use, data or profits arising out of or in any way related to the use or performance of the Site, the delay or inability to use the Site or related services, the provision of or failure to provide services or any content obtained through the Site, or otherwise arising out of the User's use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Toronto Lifeguarding has been advised of the possibility of damages.
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COPYRIGHT & INTELLECTUAL PROPERTY: All content produced by Toronto Lifeguarding is owned & used only by Toronto Lifeguarding. All rights reserved. The Site or any portion thereof may not be reproduced, reverse engineered, modified, deleted, transferred, distributed, sold, published, broadcast, or transmitted by the User. The User may not create derivative works or exploit in any way (whether in whole or in part) the content found on the Site. The User is granted by Toronto Lifeguarding a non-exclusive, non-transferable, revocable license to access & use the Site provided the User is in strict adherence with the Terms. As a condition of the User's use of the Site, the User warrants to Toronto Lifeguarding that they will not use the Site in any way that is or can be interpreted as unlawful or prohibited by the Terms. The User may not use the Site in any way which could damage, disable, overburden or impair the Site or interfere with any other user gaining access to & having use of the Site. The User may not obtain or attempt to obtain via any means any materials or information not intentionally made available or provided for through the Site. The Site & all of its content is the property of either Toronto Lifeguarding or the Parties & is protected by copyright & other laws which protect intellectual property & proprietary rights. The User agrees to observe & abide by all copyright & other proprietary notices, legends, or other restrictions placed on any such content & will not make any changes thereto. The User's use of the Site does not permit the User to make any unauthorized use of any content found on the Site (whether protected or not). The User may not delete or alter any proprietary rights or attribution notices pertaining to any of the Site's content. The User agrees that they do not acquire any ownership rights to any of the Site's content. Toronto Lifeguarding does not grant the User any licenses, express or implied, to the intellectual property of Toronto Lifeguarding or the Parties except as expressly stated in the Terms.
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CHANGES TO TERMS: Toronto Lifeguarding reserves the right in its sole discretion to change the Terms at any time & without notice to the User. The most current version of the Terms will supersede all prior versions.
AGREEMENT BETWEEN USER & TORONTO LIFEGUARDING (WWW.TORONTOLIFEGUARDING.COM)
Welcome to www.torontolifeguarding.com, the official website of Toronto Lifeguarding & here onwards referred to as the "Site". Toronto Lifeguarding operates & maintains the Site. You are hereafter referred to as the "User". The User is allowed to access, browse, & use the Site provided their acceptance to the terms, conditions, & notices contained herein & referred to as the "Terms". If the User does not agree and/or is unsatisfied with the Terms at any time then they must exit the Site immediately. Toronto Lifeguarding may amend the Terms without notice at any time. It is the User's responsibility to review the Terms each time the Site is accessed.
_
OWNERSHIP: All content that exists on the Site which includes but is not confined to designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos, & marks is owned by Toronto Lifeguarding, its licensors, suppliers, partners, or the party accredited as owner, and protected by copyright, trademark and intellectual property, & treaty provision laws.
_
USE: The Site shall not be used by the User for any other purpose than to browse & view content, register for courses & programs, & to contact Toronto Lifeguarding. Any other use by the User will be against the Terms, examples include but are not confined to copying, reproducing, republishing, disassembling, decompiling, reverse engineering, downloading, posting, broadcasting, transmitting, making available to the public, or otherwise using this content in a way unintended by Toronto Lifeguarding; the User may not adapt, alter, or create a derivative work from the Site & its content; the User may not frame this Site or any part thereof on the Internet; the User possesses no rights or license to the Site except the limited right to use the Site in alignment with the usage terms outlined at the start of this clause; the User shall abide by all copyright laws & other laws protecting intellectual property & proprietary rights that protect the content included as part of usage of the Site (text, graphics, logos, images, videos, software, etc.) which is the property of Toronto Lifeguarding, its licensors, suppliers, partners, et al.; the User agrees they do not acquire any ownership rights on any content on the Site; the User agrees there are no licenses, expressed or implied, to the intellectual property of Toronto Lifeguarding & any other content contained on the Site; the User shall not use the Site for any prohibited or unlawful purpose; the User may not use the Site in any way which could harm, incapacitate, overburden, and/or impair the Site; the User shall not interfere with any entity's use & enjoyment of the Site; the User shall not obtain or attempt to obtain any content of the Site which has not intentionally been made available and/or provided for through the Site.
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PHOTOGRAPHY: By clicking the Register button on the Site when registering for a Toronto Lifeguarding program, the User hereby agrees & gives their permission for Toronto Lifeguarding and/or partners to record, film, photograph, audiotape, or videotape their/their ward's name, image, & performance (hereafter referred to as "Works") & to display, publish or distribute these Works for the purpose of publishing, posting on the Site and/or on Toronto Lifeguarding's social media & marketing outlets. By clicking the Register button the User (or on behalf of their ward) hereby waives any right to approve the use of these Works now or in the future, whether the use is known to them or unknown, and waives any right to any royalties related to the use of these Works. By clicking the Register button, the User hereby understands that the Works may appear in electronic form on the internet or in other publications outside of Toronto Lifeguarding's control & agrees that they will not hold Toronto Lifeguarding responsible for any harm that may arise from the Works. If the User wishes to register for a Toronto Lifeguarding program, but does not wish to give their consent or consent on behalf of their ward for any media action related to the Works then the User must notify Toronto Lifeguarding by writing (preferably email) in advance to registration.
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ELECTRONIC COMMUNICATIONS: Accessing the Site, posting or messaging a Toronto Lifeguarding social media profile, or sending emails to Toronto Lifeguarding constitutes electronic communications & implies the User's consent to receive such electronic communications along with their agreement that all notices, disclosures and/or other communications provided electronically (both via email, social media, & the Site) satisfy any legal requirement that such communications be in writing. The User, if under the age of 18, must have permission from their parent or legal guardian before accessing the Site and/or contacting Toronto Lifeguarding (either electronically, by phone, or any other method), Toronto Lifeguarding does not knowingly collect (either online or offline) personal information from them.
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THIRD PARTY WEBSITES & SERVICES: The Site may contain links to other websites hereafter referred to as "Linked Sites". Toronto Lifeguarding does not control the Linked Sites & is not responsible for any content found on them including, but not confined to, any link found or any changes & updates to the Linked Sites. Toronto Lifeguarding provides the Linked Sites out of convenience to the User & does not endorse any content contained therein or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose along with imply association to any of the operators of the Linked Sites. The Site makes certain services (hereafter referred to as the "Services") available to the User via third parties (hereafter referred to as the "Parties"). By using the Services on the Site, the User hereby consents to Toronto Lifeguarding sharing their information & data with the Parties. This shared information & data is only shared for the express purpose of Toronto Lifeguarding providing the product or service as requested by the User.
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INDEMNIFICATION: The User shall defend, indemnify, & hold harmless Toronto Lifeguarding, its Director, & all associated agents from & against any claims, losses, costs, liabilities, & expenses (including all legal expenses) relating to or arising from the User's use of or inability to use the Site, content the User transmits to the Site, the User's breach of any of the Terms, the User's violation of any rights of the Parties, or the User's violation of any applicable laws, rules, & regulations. Toronto Lifeguarding reserves the right, at its own expense, to assume the exclusive defense & control of any matter otherwise subject to indemnification by the User in which event the User shall cooperate in full with Toronto Lifeguarding to assert any available defenses.
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TERMINATION & ACCESS RESTRICTION: Toronto Lifeguarding may in its sole discretion restrict or terminate the User's access to the Site & the Services or any portion thereof at any time & without notice. In the event of termination, the User no longer has permission to access the Site & Toronto Lifeguarding holds no liability.
_
GOVERNING LAW: To the maximum extent permitted by law, the Terms are governed by the laws of the Province of Ontario & the federal laws of Canada applicable therein. These laws pertain to the User's use of the Site, notwithstanding the User's domicile, residency, physical location, or location of use. The User hereby attorns to the exclusive jurisdiction & venue of the provincial courts of Ontario & all courts competent to hear appeals therefrom. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of the Terms including, but not confined to, this section. The User agrees that no relationship (whether commercial or non-commercial) exists between the User & Toronto Lifeguarding as a result of the Terms or use of the Site. Toronto Lifeguarding's performance & maintenance of the Terms is subject to existing provincial & federal laws & legal process. Nothing contained in the Terms is in derogation of or undermines Toronto Lifeguarding's right to comply with governmental, court, & law enforcement requests or requirements relating to the User's use of the Site or information provided to or collected by Toronto Lifeguarding regarding such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable provincial & federal laws including, but not confined to, the warranty disclaimers & liability limitations set forth below, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most accurately & closely aligns with the intent of the original provision & the remainder of the Terms shall continue in effect.
_
LIABILITY DISCLAIMER: All content found on the Site including, but not confined to, information, software, products, & services may include inaccuracies or typographical errors. Toronto Lifeguarding & the Parties may make updates and/or changes to the Site at any time. Toronto Lifeguarding makes no representations about the quality, suitability, reliability, availability, timeliness, & accuracy of the Site or any content contained therein for any purpose. To the maximum extent allowed by applicable law, the Site & all of its content are provided to the User "as is" without warranty or condition of any kind. Toronto Lifeguarding hereby disclaims all warranties & conditions pertaining to the Site & all of its content including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, & non-infringement. To the maximum extent allowed by applicable law, in no event shall Toronto Lifeguarding be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, but not confined to, damages for loss of use, data or profits arising out of or in any way related to the use or performance of the Site, the delay or inability to use the Site or related services, the provision of or failure to provide services or any content obtained through the Site, or otherwise arising out of the User's use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Toronto Lifeguarding has been advised of the possibility of damages.
_
COPYRIGHT & INTELLECTUAL PROPERTY: All content produced by Toronto Lifeguarding is owned & used only by Toronto Lifeguarding. All rights reserved. The Site or any portion thereof may not be reproduced, reverse engineered, modified, deleted, transferred, distributed, sold, published, broadcast, or transmitted by the User. The User may not create derivative works or exploit in any way (whether in whole or in part) the content found on the Site. The User is granted by Toronto Lifeguarding a non-exclusive, non-transferable, revocable license to access & use the Site provided the User is in strict adherence with the Terms. As a condition of the User's use of the Site, the User warrants to Toronto Lifeguarding that they will not use the Site in any way that is or can be interpreted as unlawful or prohibited by the Terms. The User may not use the Site in any way which could damage, disable, overburden or impair the Site or interfere with any other user gaining access to & having use of the Site. The User may not obtain or attempt to obtain via any means any materials or information not intentionally made available or provided for through the Site. The Site & all of its content is the property of either Toronto Lifeguarding or the Parties & is protected by copyright & other laws which protect intellectual property & proprietary rights. The User agrees to observe & abide by all copyright & other proprietary notices, legends, or other restrictions placed on any such content & will not make any changes thereto. The User's use of the Site does not permit the User to make any unauthorized use of any content found on the Site (whether protected or not). The User may not delete or alter any proprietary rights or attribution notices pertaining to any of the Site's content. The User agrees that they do not acquire any ownership rights to any of the Site's content. Toronto Lifeguarding does not grant the User any licenses, express or implied, to the intellectual property of Toronto Lifeguarding or the Parties except as expressly stated in the Terms.
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CHANGES TO TERMS: Toronto Lifeguarding reserves the right in its sole discretion to change the Terms at any time & without notice to the User. The most current version of the Terms will supersede all prior versions.