Acceptance Of These Terms
Your use of the DyanWhyte.com website (the "website") is subject to the terms and conditions described below (the "Terms of Use"). The Website and all content on the Website are owned by or licensed to Dyan Whyte ("Dyan Whyte," "we," "the company" or "us"). Please read these Terms of Use carefully before you use this website.

Dyan Whyte owns or controls, and provides access to the website and related websites (this is true regardless of how the websites are accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through www.dyanwhyte.com. 

By using this website or clicking the 'Agree' button on the order page, you agree to be bound by these TERMS OF USE, including but not limited to the warranty disclaimers, limitations of liability and termination provisions below. If you do not agree with terms of this agreement, do NOT use this website or services and exit the website now.

We may change these Terms of Use from time to time. If you continue to use this Site after any changes to these Terms of Use, you accept and agree to any such modifications.

Copyright, Intellectual Property and Content Ownership
The past, present and future webite content ("Content") is protected by applicable patent, trademark and/or copyright under Canadian and/or foreign laws and other proprietary rights (including, but not limited to, intellectual property rights) and is the property of Dyan Whyte, its parent, subsidiaries, affiliates, or its licensors. Content includes, without limitation, (a) layout, organization, information, graphics, text, images, audio, videos, designs, compilations, data, wallpaper, icons, characters, artwork, photographs, music, sound, messages, software, (b) advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; (c) any and all copyrightable material (including source and object code); (d) the coding or HTML used to generate the pages, graphics, images, layout or text, and (e) all other materials related to the Site, including without limitation, the "look and feel" of the Site. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Dyan Whyte, no rights (either by implication, estoppel or otherwise) are granted to you. You may not add to, delete or modify the Content in any way. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purpose is strictly prohibited.

Proprietary Rights
As between you and Dyan Whyte (or any other company whose marks appear on the website), the Company is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content on the website, unless otherwise indicated. Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by the Company and may be registered in Canada and internationally.

Proprietary Information and Use of Content 
Except as otherwise provided on the site or in these Terms, you may not, directly or indirectly, use, download, upload, copy, print, display, perform, reproduce, sell, lease, rent, exchange, rearrange, create a derivative work, publish, modify, delete, add to, license, post, transmit, or distribute any Content or Proprietary Information from this Site in whole or in part, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder without the specific prior written permission of the Company. You agree to abide by any and all applicable laws, and any copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Dyan Whyte or the applicable copyright holder as identified on the Site. You agree not to display or use the Company Intellectual Property in any manner without the Company's prior permission. Nothing on the website should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of the Company.

Limited Revocable License
Subject to your strict compliance with these Terms, Dyan Whyte grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Site's software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages; or any software or other products or processes accessible through the Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.

Prohibited Use of Website
You may not:

• use this Website for any unlawful purpose 
• restrict or inhibit any other user from using and enjoying this Website 
• hack, sabotage, vandalize or deface any portion of this Site by any means
•  introduce any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack or negatively affect the Website
• post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, SPAM or other unsolicited commercial communication
• post or transmit any material is patently offensive or that promotes racism, bigotry, hatred or violence or that contains nudity, violence, pornography, sexually explicit material or offensive subject matter
• impersonate any other person or entity, or misrepresent your affiliation with any other person or entity
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content on this Website
• post or transmit any information or material on this Website that violates or infringes any copyright, trademark, patent, intellectual property or other proprietary right of any party
• Post any information which is incomplete, false, inaccurate or not your own

Additionally, you may not:

• ? Engage in conduct that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation that would fail to comply with accepted Internet protocol 
• Communicate, transmit, upload, promote, display, email, distribute, post or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Canadian export control laws
• Attempt to interfere in any way with the website's or the Company's networks or network security, or attempting to use the website's service to gain unauthorized access to any other computer system
• Communicate, transmit, upload, promote, display, email, distribute or post any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates) 
  
  

Password Security
You are solely responsible for maintaining the confidentiality of your account information when accessing our website, including your username and password, and for any and all activity that occurs under your username. You agree to notify us immediately of any unauthorized use of your username or password, or any other breach of security. However, you may be held liable for losses incurred by the Company or any other user of or visitor to this website due to someone else using your username, password or account.

You may not share, give or sell your password or username to any other person. Your excessive viewing or logins may be construed as fraudulent use of the Website, which may result in the immediate cancellation of your membership without refund.

Products or Services
This website currently provides users with access to various materials, which include without limitation, a blog, on-line viewing gallery, courses, visual images and examples of testimonials. Unless explicitly expressed, any new features that augment or enhance the website, including the release of new or specialized Company web-based services or offerings, are automatically subject to these Terms. In some instances, both these Terms and a separate end-user license or similar agreement will apply to a service or product offered by Company and/or the website. We may add, change, remove, suspend or discontinue any aspect of the webite at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the website without notice or liability. 

Pricing Information
Although the Company has made every effort to display our offerings (and sizes and colors, if applicable) as accurately as possible, the displayed colors and dimensions of the products will depend upon the monitor of the user, and the Company cannot guarantee that the user's monitor will accurately portray the actual colors or appearance of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice to you. 

Permitted Use and Limitations 
The purchase of our merchandise/offerings for resale purposes is strictly unauthorized and prohibited. The Website and Website content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Dyan Whyte. 

Third Party Links
The Site may contain hyperlinks to other web sites. If you use the hyperlinks to access these other webites, you will leave the webite and your browser will be re-directed to the other webites. These websites may have their own terms of use or terms of service and privacy policies than this webite. The Company may not have knowledge of, and is not responsible for, the content presented by any other webite. As such, Dyan Whyte does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by other webites. 

Linking Policy
Websites that link to the website:

• must not frame or create a browser or border environment around any of the content of the website
• may link to, but not replicate, the content
• must not imply that Company or the website is endorsing or sponsoring it or its products, unless express permission has been given its prior written consent
• must not present false information about Company or its products or services
• must not use any Company trademarks without the prior written permission from Company
• must not contain content that could be construed as distasteful, offensive or controversial

By linking to any part of the webite, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the website for any reason in our sole and absolute discretion.

Privacy Policy 
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this website is subject to our Privacy Policy.

International Use
Due to the global nature of the Internet, you may be able to access this website in countries outside the Canada, and you agree to comply with all laws, regulations and rules regarding your use of the Internet and this website, regardless of the country you are in when you access this website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

Term and Termination 
This Terms of Use shall remain in full force and effect as long as it is posted on any of our website. You may terminate your membership at any time, for any reason, by following the instructions on the website. We reserve the right to terminate your account or your access to our website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the website by others.

Disclaimer of Warranties
THE COMPANY PUBLISHES INFORMATION ON ITS SITE AS A CONVENIENCE TO ITS VISITORS. WHILE THE COMPANY ATTEMPTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. COMPANY PRODUCTS DESCRIBED IN THE WEBSITE MAY NOT BE AVAILABLE IN YOUR REGION. THE COMPANY DOES NOT CLAIM THAT THE INFORMATION IN THE SITE IS APPROPRIATE TO YOUR JURISDICTION OR THAT THE PRODUCTS DESCRIBED IN ITS WEBSITE WILL BE AVAILABLE FOR PURCHASE IN ALL JURISDICTIONS. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE Site OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Disclaimers Of Warranties and Limitation On Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING THE SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY PROVINCE, STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnificaton and Release
You agree to defend, indemnify and hold harmless the Company Entities and Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms, including, without limitation: (a) your use of the website; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Content; or (d) any of Your Upload Information. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the Terms and under this Indemnity provision and in no event shall you settle any such claim without Company's prior written approval.

Assignment
You may not assign, transfer or delegate any rights and licenses granted to you hereunder. Dyan Whyte may assign, transfer or delegate any of its rights and obligations hereunder without restriction or limitation.

Waiver and Severability
Dyan Whyte's failure to enforce any provision of these Terms of Use shall not be construed as a waiver of its right to enforce such provision in the future. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity shall remain in full force and effect.

Entire Agreement 
These Terms of Use constitute the entire agreement between you and Dyan Whyte with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.

Force Majeure
Notwithstanding any other terms of this Agreement, Dyan Whyte shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable ontrol, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.

Governing Law and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms and/or the Web Site. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of Ontario in the City of Toronto, County of Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 18 of these Terms and/or for entering any judgment on an arbitration award, shall take place in the Province of Ontario, in the City of Toronto, County of Canada. You waive the defense of forum non conveniens.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and the Content, including, without limitation, those governing your transmission or use of any software or data.

Construction and Enforcement of Terms
You agree that these Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms. Failure to enforce any provision of these Terms or other applicable agreement will not result in a waiver of that term or of any other term. No waiver on the part of Company of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No Joint Venture or other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of this Agreement or your use of the website. 

Limitations Period
Any claim or cause of action you may have with respect to the Company or the website must be commenced within one (1) year after the claim or cause of action arose.

No Assignment
You may not assign the Terms or any of your rights or obligations under the Terms without the Company's express written consent. The Terms inure to the benefit of the Company's successors, assigns and licensees.

Termination
Dyan Whyte may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if, in the Company determines that you have failed to comply with any provision of these Terms. You understand and agree that Company will determine your compliance with these Terms in its sole discretion. The Company reserves the right to deny access to all or part of the website and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the website, or upon demand by Company, you must destroy all materials obtained from this website and all related documentation.