Terms & Conditions

AGREEMENT TO TERMS

These Terms and Conditions (the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “You”, “Your”, or “your”) and Dayna Zarn (“Dayna Zarn”, “We”, “we,” “Us”, “us”, “Our” or “our”), concerning your access to and use of the http://www.DaynaZarn.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including, unless otherwise specified on those other websites, the Fullscript site located at the domain https://us.fullscript.com/welcome/daynazarnfullscript (collectively, the “Site”). It is your responsibility to read these Terms and Conditions carefully prior to purchase, use or access of the Site.

These Terms and Conditions govern your use of the Site, including, without limitation: programs, publications, products, menus, documents, and Services made available by, through, or in association with the Site (the “Offering”); any and all other services offered by, through, or in association with the Site, or affiliated sites (the “Services”); and the accessing, provision, and downloading of Services and Offerings and related informational materials onto or from the Site.

You agree that by accessing or using the Site in any way, you acknowledged and agree that you have read, understood, and agree to be bound by all these Terms and Conditions. If you do not agree with all these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue any use of or access to the Site, immediately.

We may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Site, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Site or by Dayna Zarn otherwise making them available to You (as the case may be). It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Any continued use by You of the Site or the Services following such posting of the Revised Terms to the Site or otherwise making them available to You, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms and Conditions and You do not agree to the Revised Terms, You must stop using the Services and the Site.

GENERAL PROVISIONS

The Services and the Offering made available on or through the Site are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, Services on the Site are not available to minors in the jurisdiction in which they reside (e.g., persons under the age of eighteen in jurisdictions where eighteen is the age of majority) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. If your use of the Site is on behalf of a corporation or other entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms and Conditions.

Use of this Site is at Your own risk. We host Our Site on a reputable platform and take reasonable efforts to maintain and host the Site. However, in addition to the matters disclaimed as set out in the section on ‘Disclaimers’ below, We make no explicit representations or warranties as to the safety of any data or information provided to you in connection with the Site, or Your individual use of the Site. The Terms and Conditions contained on this page are subject to change at any time without notice to you, as detailed herein.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, copyrighted materials, service marks, and logos contained therein (the “Marks”) are owned or controlled by Dayna Zarn or the properly attributed party, or are licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions.

All Offerings are owned and provided by Dayna Zarn, to You, the user or purchaser of said programs, publications, products, menus, documents, and Services. These Terms and Conditions govern and define how You are allowed to use and access the Offering and the Services.

The Content, the Offerings, the Services, and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Offering, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. It is a violation of national and international law to use, modify, or reproduce any of Our intellectual property in whole or in part, and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

We reserve all rights not expressly granted to you in and to the Site, the Offering, the Content and the Marks. You may NOT use Our intellectual property in any way except in connection with your use of the Site, the Offering, and the Content solely in accordance with these Terms and Conditions, which includes republishing or reproducing any text, image, design, Content, Offering, or other property on another website.

License to Offerings and Services

All Services and Offerings, including all materials (paid and free), products, and documents and information, that You access on this Site or any related domains that contain Our Offerings are under the sole ownership or licensed use of Dayna Zarn.

You are only receiving a limited, non-transferable, personal, non-exclusive, revocable license for non-commercial, personal use of the Site, the Offerings, and the Content that You have paid for or opted to receive. If You exceed the scope of this license, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

Access the Offering and the Services for Your personal use. If additional members of Your team, family, or friends need to access the Offering, You must purchase additional Offerings at one per each person.
Download and/or print any Offering materials for Your personal use, or in Your business, if applicable. If additional members of Your team, family, or friends need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each person.
Use Our copyrighted materials included in Offerings solely in accordance with these Terms and Conditions and with Our consent and proper credit and marking, namely, citing “©Dayna Zarn” as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

Request for Permission to Use Content

If You wish to use, publish or access any of Our content, Offering(s), or related materials in any manner other than for personal use in accordance with these Terms and Conditions, You must do so by requesting permission prior to commencing use of the same by emailing Us at hello@daynazarn.com.

USER REPRESENTATIONS AND WARRANTIES

By using the Site, you represent and warrant and agree that:

Any and all registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of any and all registration information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms and Conditions;
You are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Site;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
and
Your use of the Site will not violate any applicable law or regulation

USER REGISTRATION

If you register for an account with the Site (an “Account”), you will be provided with or choose a username and password in association with your Account. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim, or change any content or materials posted in, to, or in connection with Your Account or a username you select if we determine, in our sole discretion, that such content or materials posted in, to, or in connection with Your Account or username is inappropriate, obscene, or otherwise objectionable.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site, the Content, or the Offerings, for any purpose other than that for which we make the Site, the Content, and the Offerings available. The Site, the Content, and the Offerings may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, the Offering, and/or the Services, you agree not to:

Re-sell or trade Your access to the Offering or the Services;
Share the Offering with anyone who has not yet purchased it or opted to receive it;
Reprint or republish any of the Offering or any Content of the Site, in part or in whole;
Distribute any of the materials contained in the Offering or provided in connection with the Services, or related materials and/or communications as Your own;
Reproduce, modify, and/or tweak any part or whole of the Offering for distribution as Your own work;
Claim ownership over or the right to use any of Our Offerings or any intellectual property rights therein without Our prior consent;
Use Our Offering, the Services, or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s);
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Use a buying agent or purchasing agent to make purchases of Offerings or other materials on or through the Site;
Use the Site to advertise or offer to sell goods and services;
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
Engage in unauthorized framing of or linking to the Site; Trick, defraud, or mislead us or any other users, especially in any attempt to learn sensitive account information such as user passwords;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; · Harass, abuse, annoy, intimidate, harm or threaten any other person, including any of our employees or agents engaged in providing any portion of the Site to you;
Delete the copyright or other proprietary rights notice from any Content or the Offerings;
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, “spyware”, “passive collection mechanisms”, or “pcms”;
Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
and
Use the Site in a manner inconsistent with any applicable laws or regulations.

SUBMISSIONS AND USER GENERATED CONTRIBUTIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights in the Submissions, and shall be entitled to the unrestricted use of these Submissions or incorporating the Submissions into any product or service that may be similar to the Submissions, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, testimonials, photograph boards and comparisons, and participate in and contribute to other functionalities and features of the Site and the Services, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit are and shall be treated by Us as non-confidential and non-proprietary to You. When you contribute, submit or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of You or of any third party, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of You or any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions;
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions, to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions;
Your Contributions are not false, inaccurate, or misleading;
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us), including any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone, and do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
Your Contributions do not violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law, regulation, or rule, including any law concerning child pornography or that is otherwise intended to protect the health or well-being of minors;
Your Contributions do not violate the privacy or publicity rights of any third-party;
Your Contributions do not contain any material that solicits personal information from anyone under the age of majority in the jurisdiction in which they reside or depicts or exploits any person in a sexual or violent manner.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By submitting your Contributions to Us or posting your Contributions to any part of the Site or otherwise making Contributions accessible to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, personal, transferable, royalty-free, fully-paid, worldwide right, title and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, likeness, and voice) for any purpose (commercial, advertising, or otherwise), and to prepare derivative works of, or incorporate into other works, such Contributions, in any form, media, or technology now known or hereafter developed, and grant and authorize sublicenses of the foregoing to any person. This license includes our use of your name or the name of your company, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

By contributing or submitting any Contribution or Submission, you waive all moral rights to any such Contribution or Submission submitted by You, and, by submitting any Contribution or Submission, you represent and warrant that each such Contribution or Submission is original with you and that you have the right to submit such Contribution or Submission. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions or Submissions contributed or submitted by You. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate. We have no obligation to monitor your Contributions, but we have the right, in our sole and absolute discretion:

to edit, redact, or otherwise change any Contributions;
to re-categorize any Contributions to place them in more appropriate locations on the Site;
and
to pre-screen or delete any Contributions at any time and for any reason, without notice.

Any communications made through Our ‘contact,’ blog, newsletter sign up or other related pages, or directly to Our phones, mailing, or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy (https://www.daynazarn.com/privacy-policy).

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to (or you may otherwise be sent via the Site to) other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through or linked to the Site or any Third-Party Content posted on, available through, or installed from the Site or any Third-Party Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Dayna Zarn may earn commissions from products or services reviewed or mentioned in blog posts, resources, and other website pages made available through the Site or otherwise associated with the Site, or posted to or made available through Third-Party Websites. Dayna Zarn may earn commissions by using links to Third-Party Websites or other websites made available by third parties that pay a referral commission to us.

Inclusion of any Third-Party Websites or any Third-Party Content on the Site, linking to any Third-Party Websites or Third-Party Content through or by means of the Site, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to access, use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website linked through the Site or to which you navigate from the Site. Any purchases you make through Third-Party Websites will be through such other websites and from other companies, and we take no responsibility and make no representations and warranties whatsoever in relation to such purchases, goods, and services procured from Third-Party Websites, including any representations or warranties with respect to fitness for a particular purpose or any purpose, title, merchantability, workmanlike quality, or any other representation or warranty, which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from and against any and all losses sustained by you or harm caused to you by such products or services or in connection with your purchase of such products or services. Additionally, you shall hold us harmless and indemnify us from and against any and all losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact or interaction with Third-Party Websites.

ADVERTISERS

We may occasionally allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any goods and services advertised by or through the Site, or products advertised or sold by or through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights in and to the advertisements on the Site.

As an advertiser, you agree that such advertisements are subject to copyright laws and obligations, and you understand and agree there will be no refund or other compensation for any takedown of any advertisement as a result of a complaint or claim related to copyright infringement in connection with advertisements you place on the Site, or any related issues.

Affiliate Program Participation

The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. Dayna Zarn is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.ca and Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

Affiliate Marketing

From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC. Dayna Zarn is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.ca and Amazon.com.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) the Site or any portion thereof;
and
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Modifications, Corrections and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, at our sole discretion and without notice to You. However, we have no obligation to update any information, product, service, materials, Content, educational materials, or Offering posted on or otherwise made available through our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modifications, price change, suspension, or discontinuance of the Site or any information, product, service, material, Content, educational materials, or Offering posted on or otherwise made available through our Site.

There may be information on the Site or information, products, services, materials, Content, educational materials, or Offerings posted on or otherwise made available through our Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We do not have the obligation to correct any errors, inaccuracies, or omissions on the Site or to change or update information, products, services, materials, educational materials, or Offerings posted on or otherwise made available through our Site, but we reserve the right to do so at any time without prior notice to you.

We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems related to the operation of the Site, and will need to perform maintenance related to the Site, resulting in interruptions, delays, or errors in accessing the Site or information, products, services, materials, Content, educational materials, or Offerings posted on or otherwise made available through our Site. We reserve the right to change, revise, update, suspend, discontinue, take down, or otherwise modify the Site at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or any information, product, service, material, Content or Offering posted on or otherwise made available through our Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions obligates us to maintain and support the Site or information, products, services, materials, educational materials, or Offerings posted on or otherwise made available through our Site, or to supply any corrections, updates or releases to the Site, the Offerings, or the Services.

DISCLAIMER AND WAIVER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR OFFERINGS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, CONTRACTORS, AND DIETITIANS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND OFFERINGS AND OUR SERVICES AND YOUR USE AND ENJOYMENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, MERCHANTABILITY, WORKMANLIKE QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY, IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENT, THE OFFERINGS, AND THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY OFFERING POSTED TO THE SITE OR MADE AVAILABLE THROUGH THE SITE, THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OFFERINGS, AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE CONTENT, AND/OR THE OFFERINGS,, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OFFERINGS, AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, OFFERINGS, AND MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, ANY THIRD-PARTY WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WITH THE PURCHASE OF ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, ANY THIRD-PARTY WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial or any other professional capacity, during the course of the Offering. The Offering is for educational and informational purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

While the dietitian tries to provide information that is accurate, reliable, complete and correct, the dietitian and Dayna Zarn do not make any representation or warranty, express or implied, as to the accuracy, reliability or completeness of any advice or recommendations provided in the course of a consultation or any Services and the information and materials provided during a consultation or any Services. While We may reference certain results, outcomes or situations on this Site, You understand and acknowledge that We make no guarantee as to the accuracy of the Content, Offerings, material, documents, statements, courses, educational materials or information contained on or made available through the Site, or the likelihood of success for You as a result of the Content, Offerings, material, documents, statements, courses or information contained on or made available through the Site. If You have medical questions regarding the Content, Offerings, material, documents, statements, courses, information, or educational materials contained on or made available through the Site, You should consult a medical professional. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, the Content, Offerings, related materials, documents, statements, educational materials, products, courses, information, or the materials contained on or made available through the Site.

To the extent permitted under applicable law, you waive any right to initiate any claims or litigation against Dayna Zarn relating to advice or recommendations provided in the course of a consultation or any Services and the information and materials provided during a consultation or any Services, since you acknowledge that you must not act or abstain from acting based upon information provided during a consultation or any Services without first consulting your family physician or appropriate health professional regarding the applicability of any information provided during a consultation or any Services.

You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@daynazarn.com.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES, THE OFFERING, AND YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES, THE OFFERING, AND YOUR USE AND ENJOYMENT OF THE SITE, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR ANY OFFERINGS OR SERVICES OFFERED BY US OR MADE AVAILABLE BY US AND PURCHASED BY YOU THROUGH OR IN CONNECTION WITH THE SITE. IF YOU HAVE NOT PAID US FOR ANY OFFERINGS OR SERVICES OFFERED BY US THROUGH OR IN CONNECTION WITH THE SITE, THEN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES, THE OFFERING, AND YOUR USE AND ENJOYMENT OF THE SITE, WILL BE ZERO ($0).

We will not be held responsible or liable in any way for the information, products or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of Our Services, Offering(s) and related material(s), or any goods or services of any third party.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, and our subsidiaries, affiliates, and all of our respective officers, agents, partners, shareholders, and employees, harmless from and against any loss, damage, liability, claims, cause of action, cost, expense, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising directly or indirectly out of: (1) any Contributions made by You; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights of any third party; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (7) your access, download, and use of our Offerings.

Notwithstanding the foregoing, we reserve the right, at your expense, but do not have the obligation to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy (https://www.daynazarn.com/privacy-policy) posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Please be advised the Site is hosted in Canada. If you access the Site from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.

Assumption of Risk

By accessing, downloading, and/or using the Site, Our Offering and/or any related Content, materials, documents, statements, courses, information or educational materials contained on or made available through the Site, whether paid or unpaid, You assume all the risk of Your access, download, and/or usage and any subsequent actions You choose to take as a result of the influence, Content, materials, documents, statements, courses, information or educational materials provided to You.

Security

It is Your responsibility to secure Your username and password (if created on Our site) from theft or any other means of unauthorized use that would violate these Terms and Conditions. We do not store any whole credit card numbers or payment information on our Site, and instead, these are processed through third party processors such as Square. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the credit card information and payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR ANY ACTUAL OR PERCEIVED BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, PROVISION, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS, OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR ANY SERVICES OR OFFERING, DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED OR ANY ACCOUNT THAT YOU CREATE ON OR THROUGH THE SITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, in connection with any actual or perceived breach by you of any representation, warranty, provision, or covenant contained in the these Terms and Conditions, or of any applicable law or regulation.

LAW AND JURISDICTION AND DISPUTE RESOLUTION

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Province of Alberta, without regard to its conflict of law principles.

All actions and disputes arising from or relating to these Terms and Conditions and all matters as to your access and use of the Site and the Content or other materials shall be heard and decided exclusively before the courts located within the Province of Alberta, Canada and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Alberta and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.

USER DATA

We may maintain certain data that you transmit to the Site for the purpose of managing the Site, your account, the Offerings, and any Contributions made by you, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of your data, and you hereby waive any right of action against us arising from any such loss or corruption of such data of yours as may be in our possession.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CANCELLATION POLICY

Nutrition Coaching

In order to provide the most professional session(s) and Services for You, if you retain us for Services relating to individual (as opposed to group session) Nutrition Coaching through the Site, please understand that Your appointment will start at Your scheduled time. If You need to cancel or reschedule, please notify Dayna Zarn by email, phone or text message at least 12 hours in advance of Your appointment, to the contact information provided to You by Us. Cancellations made more than 12 hours in advance of the appointment time will be fully refunded. Cancellations made less than 12 hours in advance of Your appointment time will be refunded as outlined below. All sessions purchased must be used within three months (90 days) of Your initial appointment (if purchased in a package or bundle).

Group Session

If you retain us for a group session for Services relating to Nutrition Coaching or Body Composition Analysis through the Site, cancellations made more than twenty-four hours (24 hrs) out from the group session start date will be fully refundable. Cancellations made less than twenty-four (24) hours out from the group session start date will be refunded as outlined below.

REFUNDS

If You wish to cancel Your Nutrition Coaching session or group session, refunds are processed as follows:

100 percent [%] of the full cost will be refunded if canceled more than 12 hours in advance of the individual Nutrition Coaching appointment time.
100 percent [%] of the full cost will be refunded if canceled more than 24 hours in advance of the group Nutrition Session or Body Composition Analysis appointment time.
50 percent [%] of the full cost will be refunded if cancelled less than 12 hours in advance of the individual Nutrition Coaching appointment time.
50 percent [%] of the full cost will be refunded if cancelled less than 24 hours in advance of the group Nutrition Sessions or Body Composition Analysis appointment time.
No refund will be provided if the session time is exceeded (person was a no-show for their appointment without any communication).

CHARGEBACKS

You agree to make every attempt to request and obtain a refund from Us prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to You in exchange for Your original purchase of Our Offering(s). We reserve the right to present proof of Your access and these Terms and Conditions to the financial institution investigating any dispute relating to a chargeback attempt by You.

SEVERABILITY

If any part of these Terms and Conditions or Our Privacy Policy (available at https://www.daynazarn.com/privacy-policy) is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

CONSENT AND ENTIRE AGREEMENT

By using Our website or using, purchasing or downloading any Content or Offering from us, You hereby consent to Our Terms and Conditions and our Privacy Policy available at https://www.daynazarn.com/privacy-policy. If You require any more information or have any questions about Our Terms and Conditions of website use, or Our Privacy Policy, please feel free to contact Us by email at hello@daynazarn.com.

Once you have consented to these Terms and Conditions and the Privacy Policy, the terms of the Privacy Policy together with these Terms and Conditions constitutes the entire agreement between You and Us relating to the use of the Site, the Content, the Offering, and the other matters and issues described in these Terms and Conditions and the Privacy Policy.

CONTACT

If You have any questions about any term or condition of these Terms and Conditions, please contact Us at hello@daynazarn.com. Thank You.