of this page as follows:
TERMS OF SERVICE FOR THE DYNAMIS INSTITUTE MEMBERSHIP
Please read the following terms of service agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites, or our services. This Terms of Service agreement is effective as of 01/09/2022.
We do not offer any refunds under any circumstances.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with The Dynamis Institute also known as Nature’s Vibe Natural Health Products Inc. (or “Nature’s Vibe”), located at 38 Grand Avenue South, Cambridge, ON, N1S 2L6 Canada and our subsidiaries and affiliates, in association with the use of the Dynamis Institute & Nature’s Vibe websites, which includes the Dynamis Institute Library Membership, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Dynamis Institute and Nature’s Vibe’s Membership Services includes a content library which has the following description: To provide a resourceful collection of works that is informational to our members.
Any and all visitors to our site shall be deemed as "users" of the herein-contained Services provided for the purpose of this TOS. The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of The Dynamis Institute and Nature’s Vibe. At its discretion, The Dynamis Institute and Nature’s Vibe may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/ or products and any and all updated, modified or revised Services unless otherwise stipulated. The Dynamis Institute and Nature’s Vibe do hereby reserve the right to cancel and cease offering any of the Services and/or products referenced in this Agreement. You, as the end user, acknowledge, accept and agree that The Dynamis Institute and Nature’s Vibe shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such The Dynamis Institute and Nature’s Vibe shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Users agree to defend, indemnify, and hold The Dynamis Institute and Nature’s Vibe, our subsidiaries, affiliates, officers, agents, employees, partners, licensors, and service providers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms of Service, (c) your violation of applicable laws or regulations, or (d) your content. We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to The Dynamis Institute and Nature’s Vibe’s sites.
The Dynamis Institute and Nature’s Vibe shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
The Dynamis Institute and Nature’s Vibe or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that The Dynamis Institute and Nature’s Vibe shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that The Dynamis Institute and Nature’s Vibe’s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by The Dynamis Institute and Nature’s Vibe’s or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on The Dynamis Institute and Nature’s Vibe’s Services (e.g. Content or Software), in whole or part. The Dynamis Institute and Nature’s Vibe’s herein has granted you a personal, non- transferable and non-exclusive rights and/or licence to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by The Dynamis Institute and Nature’s Vibe for use in accessing our Services.
You herein expressly acknowledge and agree that:
- You are using The Dynamis Institute and Nature’s Vibe’s services and software at your own discretion and risk. Our services shall be provided on an as is and/or as available basis. The Dynamis Institute and Nature’s Vibe expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- The Dynamis Institute and Nature’s Vibe make no such warranties that (i) The Dynamis Institute and Nature’s Vibe’s services will meet your requirements; (ii) The Dynamis Institute and Nature’s Vibe’s services shall be uninterrupted, timely, secure, or error-free; (iii) That such results which may be obtained from the use of the The Dynamis Institute and Nature’s Vibe’s Services will be accurate or reliable; (iv) Quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations; and (v) That any such errors contained in the software shall be corrected.
- Any information or material downloaded or otherwise obtained by way of The Dynamis Institute and Nature’s Vibe’s services shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any outcomes and decisions you do or do not make.
LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE DYNAMIS INSTITUTE AND NATURE’S VIBE, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS TOS, (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE MEMBERSHIP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
In the event you have a dispute, you agree to release The Dynamis Institute and Nature’s Vibe (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
THIS PAYMENT OPERATES ON AN ANNUAL SUBSCRIPTION BASIS. YOU WILL BE AUTOMATICALLY CHARGED AT THE ONE YEAR RENEWAL DATE. TO AVOID BEING CHARGED AGAIN, SHOULD YOU WANT TO CANCEL YOUR SUBSCRIPTION, YOU MUST EMAIL US AT [email protected] PRIOR TO YOUR RENEWAL DATE.
The Dynamis Institute and Nature’s Vibe may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You agree that as a user you may have access to Content that is proprietary to The Dynamis Institute and Nature’s Vibe and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and The Dynamis Institute and Nature’s Vibe will prosecute such misconduct to the fullest extent permitted by law.
Your membership is solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use the Content in a manner that constitutes an infringement of The Dynamis Institute and Nature’s Vibe’s rights or that has not been authorized in writing by The Dynamis Institute and Nature’s Vibe. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that infringe on any of The Dynamis Institute and Nature’s Vibe’s intellectual property in any way.
Trademarks, service marks, graphics, and logos used in connection with the Content are common law trademarks or registered trademarks of The Dynamis Institute and Nature’s Vibe. You are granted no right or licence with respect to any of the aforesaid trademarks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTICE & PROCEDURES
The Dynamis Institute and Nature’s Vibe will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Dynamis Institute and Nature’s Vibe may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others.
This TOS constitutes the entire agreement between you and The Dynamis Institute and Nature’s Vibe and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to The Dynamis Institute and Nature’s Vibe’s Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other The Dynamis Institute and Nature’s Vibe’s Services, affiliate Services, third-party content or third-party software.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in Ontario and that the Province of Ontario shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Ontario, Canada.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS toThe Dynamis Institute and Nature’s Vibe:
Nature’s Vibe Natural Health Products
38 Grand Avenue South
Cambridge, ON, Canada, N1S 2L6
Email: [email protected]