Terms of Use

  1. Your Agreement to Terms of Use. This website (this “Site”) is owned and operated by Daring + Kind (“Daring + Kind”, “we”, “us”, “our” and similar terms). This Site provides content, including member profiles, articles, publications, information, events, data, and other materials (the “Content”). This Site and the Content are made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of our Privacy Policy (collectively, these “Terms of Use”).

    THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND DARING + KIND. BY ACCESSING OR USING THIS SITE OR THE CONTENT, IN WHOLE OR IN PART, YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT TO AND IN FAVOUR OF DARING + KIND THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY OF THE CONTENT.

  2. Modifications. Daring + Kind reserves the right in its sole discretion to amend, modify, restate, replace, or supplement these Terms of Use at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or the Content, in whole or in part, after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and the Content.

  3. No Relationship Created. Your access to, or use of, this Site does not create a client relationship between you and Daring + Kind. Your use of this Site may facilitate access to, or communications with, Daring + Kind partners, employees, contractors, and other personnel (“Daring + Kind Personnel”) by way of email or otherwise via this Site. The receipt of any such communications by Daring + Kind Personnel does not create a client relationship between you and Daring + Kind or any Daring + Kind Personnel.

  4. Legal and Other Professional Advice Not Provided. Daring + Kind does not provide, and the Content does not constitute, professional advice, including legal, accounting, tax, financial planning, or other professional advice. The Content should not be relied upon (in whole or part) as accurate, reliable, complete, current, timely, or fit for any particular purpose. No one should act, or not act, on the basis of the Content. You should not take any action or refrain from taking any action based solely on the Content (in whole or in part). You should seek specific legal advice from your own legal counsel in relation to your specific legal issues. You should, as required, obtain whatever independent professional advice, including legal, accounting, tax, financial planning, or other professional advice you consider appropriate, necessary, and sufficient from time to time.

  5. Communications Not Confidential. Daring + Kind does not guarantee the confidentiality of any communications made by you via email or in connection with this Site and cannot guarantee that any such communication is protected or confidential. If you wish to provide information of a confidential or sensitive nature to Daring + Kind Personnel, please contact the applicable Daring + Kind Personnel directly by telephone.

  6. Permitted Uses. You may access and use this Site and the Content only in accordance with these Terms of Use and applicable law. Subject to these Terms of Use, Daring + Kind grants to you a non-exclusive, non-transferable, and revocable licence to access and use this Site and the Content only to display and save on your own computer and download and print a copy of the Content for your own personal use, provided that the Content is not modified (“Permitted Uses”). By accessing or using this Site or the Content, or by displaying, saving, downloading, or printing a copy of any of the Content, you do not acquire any other right or licence to this Site or the Content.

  7. Linking. This Site may, for convenience, provide links to websites of third parties. The content in any website to which this Site provides a link is not provided by, or under the control of, Daring + Kind, and if you choose to access any such website, you do so entirely at your own risk. Neither Daring + Kind nor any Daring + Kind Personnel endorses or republishes any content contained on any website that links to, or may be linked from, this Site or provides any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon. Where you provide a link to this Site from another website, Daring + Kind reserves the right to require you to disable such link.

  8. Prohibited Activities. You may not access or use this Site or the Content in any way or for any purpose that is unlawful. Without the prior written consent of Daring + Kind, you may not access this Site or use this Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Daring + Kind, any Daring + Kind Personnel or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with this Site or the Content or any portion thereof: (a) making available, distributing, displaying, posting, disseminating, publishing, republishing, re-transmitting, communicating to the public, or broadcasting; (b) creating a derivative work, modifying, translating, selecting, arranging, merging, compiling, or otherwise combining with other data or other content or framing from or on another website; (c) scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any of the Content, whether by an automatic program or a manual process; (d) selling, licensing, sub-licensing, or engaging in any other commercial transaction relating to this Site, the Content or any reproduction of all or any portion thereof in any medium; (e) decompiling, disassembling, reverse engineering, or other exploitation of this Site, its architecture or the underlying software or code; and (f) any activity that is outside the scope of activity permitted by these Terms of Use. To seek permission in respect of any activity with this Site or the Content that is not permitted by these Terms of Use, please contact us directly via email at info@daringandkind.com.

  9. Copyright of Daring + Kind. All Content, including all: (a) text, data, and other literary works; (b) logos, designs, graphics, images, photographs, artwork, and other artistic works; (c) musical works and other sounds; (d) videos and all audio-visual works; (e) performances; (f) other materials; (g) selections, arrangements, compilations, modifications, and enhancements of all of the foregoing; (h) software, including program code that may execute on this Site's servers or that may be embedded or be downloadable from individual web pages on this Site; and (i) the architecture and layout of this Site and web pages thereon, is protected by copyright owned by, or licensed to, Daring + Kind.

  10. Trade-marks of Daring + Kind. The following trade-marks and all script and design variations thereof are trade-marks of Daring + Kind: D+K™, Daring + Kind™, and DOLLARS + $ENSE™.

  11. Risks You Assume. Access to, and use of, this Site and the downloading of Content are done at your own risk. Daring + Kind does not represent, warrant, or guarantee that this Site or the Content is compatible with your computer systems or that this Site or the Content is or will be free of viruses, worms, Trojan horses, or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of this Site.

  12. DISCLAIMER. THIS SITE AND THE CONTENT ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THIS SITE OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK. NEITHER DARING + KIND NOR ANY DARING + KIND PERSONNEL MAKES ANY REPRESENTATION, WARRANTY, OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THIS SITE, OR THE CONTENT. NEITHER DARING + KIND NOR ANY DARING + KIND PERSONNEL ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR THE CONTENT.

  13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, DARING + KIND AND DARING + KIND PERSONNEL DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THIS SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL DARING + KIND OR ANY DARING + KIND PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES, WHETHER OR NOT DARING + KIND OR ANY DARING + KIND PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR THE CONTENT.

  14. Entire Agreement. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Daring + Kind pertaining to the subject matter thereof and supersede all prior communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and Daring + Kind with respect to this Site or the Content. Except as and only to the extent otherwise expressly provided in these Terms of Use, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect these Terms of Use.

  15. Headings. The division of these Terms of Use into Articles and Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Article, Section or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Articles and Sections are to Articles and Sections of these Terms of Use.

  16. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.

  17. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Daring + Kind. Daring + Kind may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.

  18. Waiver. The waiver by Daring + Kind of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Daring + Kind to exercise or avail itself of any of its rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.

  19. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.

  20. Injunctive and Equitable Relief. You acknowledge and agree that: (a) your compliance with your obligations pursuant to these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Daring + Kind; (b) your breach of any such obligations will give rise to irreparable harm or injury to Daring + Kind that will not be adequately compensable with monetary damages; (c) Daring + Kind may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and (d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.

  21. Governing Law. The interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use, or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply to these Term of Use and your access and use of this Site and the Content notwithstanding your domicile, residency, or physical location or the location of any Daring + Kind office or any Daring + Kind Personnel with whom you may communicate or deal. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any transactions conducted pursuant to this Site. This Site and the Content are intended for use only in jurisdictions where they may be lawfully provided for use.

  22. Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding involving these Terms of Use, this Site, or the Content and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.

  23. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  24. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email at info@daringandkind.com or via the Contact page of this Site.

    Last updated: January 23, 2021