LIFEGUARDING
ACADEMY
LIFEGUARDING
ACADEMY
Welcome to www.lifeguardingacademy.com. Lifeguarding Academy provides Lifesaving Society affiliated courses that include both Lifesaving and Lifeguarding courses. Lifeguarding Academy operates and maintains this website, www.lifeguardingacademy.com including all content thereon (the "Site"). Therefore by accessing, browsing or using the Site, you accept and agree to these terms and conditions (the "Terms"). Lifeguarding Academy may amend the Terms at any time without notice. It is your responsibility to review the Terms each time you use the Site. Please exit the Site immediately if you do not accept or agree to the Terms.
All content, designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos and marks displayed on the Site are owned by Lifeguarding Academy, its licensors, or the party accredited as owner, and protected by copyright, trade-mark and intellectual property laws, and treaty provision laws.
You shall not use the Site for any purpose except as expressly provided herein. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this content in any way except for your own personal, non-commercial use. You also may not adapt, alter or create a derivative work from this content except for your own personal, non-commercial use. Any other use of this content requires the prior written permission of Lifeguarding Academy. Further, you may not frame the Site or any part thereof on any Internet Site without prior written permission. You acquire absolutely no rights or license to the Site other than the limited right to use the Site in accordance with the Terms. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lifeguarding Academy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lifeguarding Academy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lifeguarding Academy or our licensors except as expressly authorized by these Terms.
As a condition of your use of the Site, you warrant Lifeguarding Academy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Site may contain links to third party websites. These links are provided solely as convenience to you. Lifeguarding Academy is not responsible for the content of any third party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Lifeguarding Academy will never sell your personal information to any third party.
To the greatest extent permitted by applicable laws, the User will defend, indemnify and hold harmless Lifeguarding Academy and Lifeguarding Academy’s officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, for the User’s breach of this Terms; (b) the User’s access to and/or use of the Site or Services; (c) any loss of, or damage to, any property, or injury to, or death of, any person (including the User) caused by the User’s access to and/or use of the the Site or Services; (d) any interactions with other Users using the Site or Services; (e) any breach of confidentiality or privacy by a User; (f) any rejected refund request; (g) any dissemination, sharing, or viewing of illegal or objectionable content while using the Site; (h) for the User’s breach of the intellectual property rights of any third party to this Terms; (i) any incident, accident, or injury or damage incurred at Lifeguarding Academy’s facilities (j) any failure by a User to adhere to lifeguard or instructor instructions or pool regulations; and (k) for any failure to attend or participate as required to properly engage with the Services.
Lifeguarding Academy may in its sole discretion restrict or terminate your access to the site at any time, without notice. In the event of termination, you are no longer permitted to access the Site. Lifeguarding Academy is not liable to any party for such termination.
The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and these laws apply to the use of the Site, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
Digital media materials produced by Lifeguarding Academy are owned and administered by the owners and co-founders of Lifeguarding Academy only. All rights reserved. No part of the site may be reproduced, modified, distributed, sold, published, broadcast, retransmitted in any form without prior written consent of Lifeguarding Academy.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these Terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
Notwithstanding any other provisions of this Terms, you acknowledge and agree that Lifeguarding Academy may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Lifeguarding Academy.
By using the Site or Services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms thoroughly; (ii) have read and understands the terms, the nature and the consequences of these Termsr and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of these Terms.
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of Lifeguarding Academy to enforce any of the provisions set out in these Terms and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
If any portion of this Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms that is unlawful, void or unenforceable shall be stricken from this Terms.
All covenants, agreements, representations and warranties made in this Terms shall survive the User’s acceptance of this Terms and the termination of this Terms.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
Lifeguarding Academy is solely responsible for providing any maintenance and support services with respect to the Site or Marketplace when required from time to time or as required under applicable law. If you notice a problem or error on the Site or when using the Marketplace you can report it to support@lifeguardingacademy.com.
Lifeguarding Academy’ contact information for any end-user questions, complaints or claims with respect to Lifeguarding Academy’s properties is support@lifeguardingacademy.com.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFEGUARDING ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIFEGUARDING ACADEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITE OR APPLICATION LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (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 AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. LIFEGUARDING ACADEMY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE ON THE SITE. 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.
Services may be purchased through the Site. All fees are due at the time of purchase. The User is responsible for all sales taxes associated with the fees.
Lifeguarding Academy accepts no liability to complete any transaction which cannot be cleared by Lifeguarding Academy’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied.
Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time fees are due and payable. Lifeguarding Academy reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the User.
Users hereby authorize Lifeguarding Academy to run credit card authorizations on all credit cards provided by the User, to collect and store credit card through third party payment processors, subject to our Privacy Policy, and to charge User’s credit card (or any other Credit card) for the Service fees and any other amounts owed for the Services.
By providing credit card information through the Site and authorizing payments with the credit card, the User represents, warrants, and covenants that: (a) User is legally authorized to provide such information; (b) User is legally authorized to make payments using the credit card(s); (c) if User is an employee or agent of an organization or person that owns the credit card, that User is authorized by the organization or person to use the credit card to make payments on the Site; and (d) such actions do not violate the terms and conditions applicable to User’s use of such credit card(s) or applicable law. When User authorizes a payment using a credit card via the Site, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these Terms cannot be collected from your credit card(s), the User is solely responsible for paying such amounts by other means.
Payment of the Service fees may be limited by applicable law or by written agreement with User’s financial institution. As such, Lifeguarding Academy is not liable to any User if we do not complete a transaction as a result of any such limit or if a financial institution fails to honor any credit or debit to or from an account associated with a User. Lifeguarding Academy will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with these Terms.
The applicable third-party payment processor used by Lifeguarding Academy (“Third Party Payment Processor”) provides certain services to Lifeguarding Academy and to User that support Lifeguarding Academy Payment Services (the “Third Party Payment Processor Services”). Lifeguarding Academy uses a Third Party Payment Processor to process payments initiated by Users, and to collect the Service fees and other amounts owed by Users to Lifeguarding Academy.
User agrees to indemnify and hold harmless Lifeguarding Academy with respect to any suits or claims by Third Party Payment Processors or any third party (and any related costs, including legal fees) arising directly or indirectly out of any activity associated with such User , whether initiated by User or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the services in a manner prohibited under these Terms or any agreement with any Third Party Payment Processor), and without limitation including (a) any failure by User to pay any amount owing by User to a Third Party Payment Processor in any way related to an account associated with User on Third Party Payment Processor’s system, or (b) any claim made against Lifeguarding Academy by a Third Party Payment Processor as a result of any inaccurate or incomplete information provided by User to such Third Party Payment Processor (or provided by User to Lifeguarding Academy, and which Lifeguarding Academy provided to Third Party Payment Processor). If Lifeguarding Academy makes any payment to a Third Party Payment Processor in relation to any such claim, then, without limiting any other remedies available to Lifeguarding Academy, Users authorize Lifeguarding Academy to use any authorized payment method to collect a corresponding amount from such User.
From time to time, Lifeguarding Academy may change the Third Party Payment Processor it uses to support Lifeguarding Academy Payment Services, or Lifeguarding Academy may offer the option of using other Third Party Payment Processors to support Lifeguarding Academy Payment Services, or Lifeguarding Academy may elect itself to perform some or all of the services that were previously provided by the Third Party Payment Processor. If Lifeguarding Academy does so, then, in order to continue to use Lifeguarding Academy Payment Services, User may be required to agree to additional terms imposed by Lifeguarding Academy or such other Third Party Payment Processor. If User does not wish to accept those terms, then such User must cease using the corresponding Lifeguarding Academy Payment Services.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at support@lifeguardingacademy.com (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the App, Site or Marketplace as a result of a mistake or misidentification, you may submit a written counter notification to Lifeguarding Academy using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
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