Terms of Use

Kaya Deva Inc. (collectively “KDI,” “we”, “us”, or “our”), owns and operates the website (the “Website”). By accessing or using this Website including any content herein, and/or by giving us your email or any personal information, with or without purchase, you are confirming (1) your agreement to be bound to these terms of use (the “Terms of Use”), which shall constitute a legally binding agreement between you and KDI, and (2) your consent to and acceptance of all the terms of KDI’s privacy policy (the “Privacy Policy”) located at https://www.sherylstanford.com/pages/privacy-policy, the terms of which are incorporated herein by reference. You shouldn’t use the Website or any of our other sites or any content thereon or purchase any of our products or services if you don’t agree with the Terms of Use and Privacy Policy, or any other applicable agreement that governs your use of our sites or programs or component thereof.

If you have any questions about the Terms of Use, or wish to unsubscribe from any KDI communications you may contact us at:

Kaya Deva Inc.

PO Box 90001

Beaumont, Alberta

T4X 0C8

[email protected]

The Website is not intended for anyone under the age of 18. By using this Website and thereby accepting the Terms of Use and Privacy Policy, you confirm that you are 18 years of age or older and are fully able and competent to enter into, consent to and/or provide, as applicable, the terms, conditions, obligations, affirmation, consent, representations and warranties set forth in or in relation to the Terms of Use and Privacy Policy, and to abide by and comply with these Terms of Use and any applicable laws, statutes, ordinances, rules and regulations, including, without limitation, privacy laws, intellectual property laws, internet and anti-spam laws, and other applicable general business laws or regulatory requirements. The TERMS OF USE and PRIVACY POLICY are subject to change at any time, without notice, and at the sole discretion of KDI, which revised provisions shall be effective when posted. Please visit the Website regularly to view any updates.

These Terms of Use apply to your use of all of the sites and services owned, hosted, or operated by KDI, including sherylstanford.com, medicallyempoweredmoms.com and any other site that we own and operate, or may own or operate in the future, including social media sites (collectively, the “Sites”) except where such Sites have their own terms of use. Unless stated otherwise, all references to the “Sites”, “Site”, “site”, or “sites” herein include all such Sites. For clarity, these Terms of Use do not apply to your use of unaffiliated or third party websites to which any of our Sites may link to or direct to.

1. The Website Does Not Provide Medical Advice

The contents of the Website, such as text, graphics, images, information obtained from the Website’s licensors and other material (“Content”) contained on the Website is for informational purposes only. The Content has not been evaluated by Health Canada and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, dietary supplement, exercise or other health program described on the Website. KDI does not recommend self-management of one’s health care. Reliance on any information provided by or via the Website is solely at your own risk.

Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Website is compiled from numerous sources. KDI and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Website. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Website contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with all laws applicable to your use of the Sites including any specific to your domicile to the extent applicable.

2. Modifications to the Terms of Use in KDI’s Sole Discretion and Without Notification

In its sole discretion and without requirement to give notice, KDI may update, modify or revise these Terms of Use at any time, and such amended terms shall be effective upon posting on the Website. You agree to be legally bound by such modifications or revisions and for clarity but without limitation to any other provision herein, any access to or use of the Website by you after such posting shall be deemed to constitute your acceptance of such amended terms. It is recommended that you regularly review these Terms of Use for the most current version. If you object to the modified Terms of Use, you should cease use of this Website. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Your Use of the Website – Permissions and Restrictions

KDI hereby grants you permission to access and use the Website as set forth in these Terms of Use, under the following conditions:

You agree to use the Website for lawful purposes only. The Content is protected by copyright and other intellectual property laws and contains trademarks and other proprietary information. Title to the Content remains with KDI or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of KDI. All rights not expressly granted herein are reserved to KDI and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
KDI authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of KDI. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
You agree not to (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference.
You agree not to access or use the Website for any commercial use (or otherwise seeking to monetize the Website) without the prior written authorization of KDI. Prohibited commercial uses include, but are not limited to, any of the following actions taken without KDI’s express approval:

posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam” with respect to products or services;
advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Website;
selling of access to the Website or its related services on another website;
using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
any use of the Website or its related services that KDI finds, in its sole discretion, to be a use of KDI’s resources or User Submissions (as defined in #12 hereof) to compete with or displace the market for KDI, KDI content, or its User Submissions.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the KDI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worm, time bomb, Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, KDI grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KDI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in KDI’s opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
In your use of the Website, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws, statutes, ordinances, rules and regulations. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which (in KDI’s sole discretion) is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law, statute, ordinance, rule or regulation.
You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
You agree not to collect the personally identifiable information of any other user(s) of the Website.
You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that KDI may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at KDI’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
You agree that KDI, should it accept a User Submission, may include that User Submission on the Website for as long or as short a period of time as KDI, at its sole discretion, chooses. Furthermore, you agree that KDI may edit User Submissions and/or remove User Submissions at any time.
You agree that KDI shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that KDI, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
KDI reserves the right to discontinue any aspect of the Website at any time.

4. KDI Accounts

In order to access some features of the Website, you will have to create a KDI account. You may never use another’s account without permission. When creating your account, you must provide true, accurate, current and complete information. KDI reserves the right to refuse or terminate any account for providing untrue or inaccurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree not to share your account information, including, without limitation, your account password, with anyone. You must notify KDI immediately of any breach of security or unauthorized use of your account. Although KDI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KDI or others due to such unauthorized use. Without limitation to anything else herein, the creation of a KDI account is an explicit acceptance by you of these Terms of Use.

5. Electronic Communications

By establishing an account with the Website, you consent to receiving electronic communications from KDI. These communications will include notices about your account and information concerning or related to the Website and/or our services. These communications are part of your relationship with KDI and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have any questions or feedback regarding the Website or your use thereof, you may contact KDI at [email protected].

6. Right to Terminate

KDI reserves the right to terminate or restrict your use of the Website and/or our services, without notice, for any or no reason whatsoever. KDI reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. KDI may remove such User Submissions and/or terminate a user’s access for uploading material in violation of these Terms of Use at any time, without prior notice and at KDI’s sole discretion.

7. Disclaimer of Opinion

Without limitation to #8 below, any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties (including other users) on the Website are those of the respective authors or producers and not of KDI, or its shareholders, directors, officers, or employees. Under no circumstances shall KDI, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on this information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Website.

8. Disclaimer of Warranty

Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your sole risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of KDI and its suppliers.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER KDI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER KDI, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KDI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE KDI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KDI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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. KDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEBSITE HAVE BEEN SATISFIED.

WITHOUT LIMITATION TO ANYTHING CONTAINED HEREIN, NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

9. Limitation on Liability of KDI

If you are dissatisfied with the Website, any information found thereon, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website. KDI assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Website.

IN NO EVENT SHALL KDI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEBSITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KDI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY KDI FROM ITS OFFICES IN ALBERTA, CANADA, AND KDI MAKES NO REPRESENTATIONS THAT THE KDI WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE KDI WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW TO THE EXTENT APPLICABLE.

IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, KDI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEBSITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) CAD $500.00.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

10. Indemnification

You agree to defend, indemnify and hold harmless KDI and its affiliates and their respective directors, officers, employees, representatives and agents (“Related Parties”) from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees and disbursements on a solicitor-client full indemnity basis), known and unknown, asserted against, imposed upon or incurred by KDI or its Related Parties arising out of, resulting from or relating to: (i) your use of the Website and/or any information, services and/or goods purchased or provided via the Website; (ii) your violation of these Terms of Use; (iii) your infringement or violation of any third party right, including but not limited to any copyright, property or privacy right in connection with any User Submission or otherwise; and/or (iv) any claim that any of your User Submissions caused damage to a third party.

The limitations, exclusions and disclaimers contained in this section and elsewhere in these Terms of Use apply to the maximum extent permitted by applicable law. The obligations under this Section will survive these Terms of Use and your use of the Website.

11. Advertisements, Product/Service Promotions and Links to Other Sites

KDI discusses certain products and/or services of third parties on the Website. In many cases the third-party product and/or service provider will pay KDI a referral fee for purchases made by individuals that are referred to it by KDI. As noted above, KDI makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Website is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, KDI. In addition, other websites may link to the Website. Unless expressly stated, KDI has not reviewed or endorsed those websites, has no control over those websites and is not responsible for the content or privacy policies, or practices of any third party websites. In addition, KDI will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve KDI from any and all liability, known and unknown, arising from your use of any third-party website that you visit through the Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and/or legal notice and privacy policy of each other website that you visit.

12. User Submissions and Contributions

Any information you provide to KDI when you “Join Our Community” (or otherwise) is subject to these Terms of Use and our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of the Website, our Facebook Page, YouTube page or any other online source is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Website, our Facebook Page, YouTube page, Instagram page or any other online source, including, but not limited to, questions, comments, reviews, participation in blogs, or suggestions for new or improved products or services. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — KDI a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licenseable and transferable license to use, reproduce, sell, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. You hereby waive your moral rights in any such User Submissions in favour of KDI which moral rights include the right of association by name or pseudonym to a work or the right to remain anonymous, as well as the right to the integrity of the work. KDI may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Website, our Facebook Page, YouTube page, Instagram page or any other online source a non-exclusive license to access your User Submissions through the Website, our Facebook Page, YouTube page, Instagram page or any other online source, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website, our Facebook Page, YouTube page, Instagram page or any other online source and under these Terms of Use. You understand and agree that KDI may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize KDI to use all patent, trademark, trade secret, copyright and other intellectual property and proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. All right, title and interest in and to User Submissions, to the extent it does not belong to third parties, will remain with you subject to the licenses and waiver you grant herein.

KDI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KDI expressly disclaims any and all liability in connection with User Submissions. KDI does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KDI will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. KDI reserves the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.

KDI is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to KDI including, without limitation, responses to questionnaires or through postings to the Website, KDI’s Facebook Page, YouTube page, Instagram page or any other online source, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other websites.

For additional clarity, should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against KDI and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.

We reserve the right to reject, remove or edit User Submissions at any time in our sole discretion without notice. User Submissions should not be posted that infringe the rights of third parties or contain: (i) harsh, profane, vulgar or discriminatory language; (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content; (iii) URLs, phone numbers, mailing or e-mail addresses, or personal attacks; (iv) misleading information regarding the origin of the content; or (v) a discussion of KDI policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason. We would appreciate your help in reporting to us any User Submissions that you believe violate the Terms of Use. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation (including time zone) to [email protected].

13. Disputes

You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Website, or the services or products provided on or through the Website shall be settled by binding arbitration by a single arbitrator to be held in Edmonton, Alberta in accordance with the rules of the Arbitration Act (Alberta). Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude KDI from seeking any injunctive relief in any court of competent jurisdiction for protection of KDI’s intellectual property rights. You further agree and expressly consent to the jurisdiction of the courts of the Province of Alberta for the enforcement of these Terms of Use and of any arbitration award in connection with any such dispute including any claim involving KDI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without respect to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Entire Agreement

These Terms of Use, as modified from time to time by KDI, and KDI’s Privacy Policy set forth below, together with any other applicable agreement that governs your use of this Website, our Sites and any Content or other component thereof, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any other agreement, representation or warranty pertaining to the subject matter hereof.

15. Severability

If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.

16. General

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and KDI by your use of the Website or otherwise. The provisions of these Terms of Use which by their sense and context are intended to survive the termination of these of Terms of Use or your use of the Website shall so survive and continue to bind the parties, regardless of the reason for termination, including, without limitation, your termination of your KDI account. Without limiting the generality of the foregoing, the parties specifically acknowledge that the following provisions shall so survive: Sections 2, 7, 8, 9, 10, 11, 12, 13, 15, and 16. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you (and any such purported assignment shall be null and void), but may be assigned by KDI without restriction. The section headings used herein are for convenience only and shall not be given any legal import.

Last Updated: November 20, 2019