This terms of service agreement covers www.jennidiamondhealth.com and www.jennidiamondhealth.mykajabi.com. These websites are owned and operated by Jenni Diamond.
This agreement is in effect as of November 16, 2020.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
By visiting our website(s) and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, payment info, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You agree to indemnify and hold harmless Jenni Diamond and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
We offer courses for prenatal and postnatal women to exercise during pregnancy and after having a baby, as well as a prenatal nutrition program. These courses can be found at www.jennidiamondhealth.com and www.jennidiamondhealth.mykajabi.com. The Prenatal Academy, The Postnatal Academy, The Advanced Postnatal Academy, and Your Complete Guide to Prenatal Nutrition are based on materials developed by Jenni Diamond and others.
You agree to pay, and authorize Jenni Diamond’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in Canadian Dollars and are non-refundable except as required by law. Jenni Diamond is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
You agree that you will not:
Access the membership area of the site corresponding to the programs for any of these purposes:
Attempt to access another member’s account.
Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.
By using our website(s), you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Jenni Diamond or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Jenni Diamond will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All information stated on jennidiamondhealth.com and www.jennidiamondhealth.mykajabi.com is for informational purposes only and does not constitute medical advise. BY ACCESSING THESE SITES YOU HEREBY WAIVE JENNI DIAMOND OF ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.
Jenni Diamond does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.
All content and materials available on www.jennidiamondhealth.com and www.jennidiamondhealth.mykajabi.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Jenni Diamond, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Jenni Diamond.
By enrolling in The Prenatal Academy, The Postnatal Academy, The Advanced Postnatal Academy, and Your Complete Guide to Prenatal Nutrition, you, the client agree to the following:
You, the client, are voluntarily choosing to enroll in The Prenatal Academy, The Postnatal Academy, The Advanced Postnatal Academy, and Your Complete Guide to Prenatal Nutrition, offered by Jenni Diamond. You have been informed, understand and are aware that strength, flexibility and aerobic exercise including the use of equipment are potentially hazardous activities. You also have been informed, understand and are aware that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment with full knowledge, understanding and appreciations of the dangers involved.
You have been examined by your physician and have obtained his/her approval to participate in an exercise program. Alternatively, if you have chosen not to see a physician prior to participating in this exercise program, you do so strictly at your own risk and against the recommendation of my trainer, Jenni Diamond.
You understand that you are not obligated to perform nor participate in any exercise or activity throughout this program that you do not wish to do, and that it is your right to refuse such participation at any time throughout the program.
In the event of physical injury resulting from or related to The Postnatal Academy, The Prenatal Academy, and/or The Postnatal Academy: Advanced program(s), no medical treatment or monetary compensation will be provided by Jenni Diamond. You assume the full risk associated with the participation in the training programs and agree to hold harmless Jenni Diamond. You expressly release and discharge Jenni Diamond from all claims, actions, judgments and the like which you or my heirs, executors, administrators or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with your participation in The Postnatal Academy, The Prenatal Academy, and/or The Postnatal Academy: Advanced program(s).
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Jenni Diamond. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our Country/Province, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or provincial courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, JENNI DIAMOND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against Jenni Diamond arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release Jenni Diamond from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Last updated May 1, 2023