NEW RESPONDERS WEBSITE TERMS & CONDITIONS
TERMS AND CONDITIONS
BY VISITING NEW RESPONDERS, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
Your access and use of Newresponders.com and any other publicly accessed site maintained by New Responders linked to this Legal Notice is your responsibility and indicates your agreement to be bound by these terms and conditions and our Website Privacy Policy. If you do not agree to these conditions of use, please do not access or use our Sites.
All visitors are referred to as “user”, “you” and “your”; the terms “we”, “us”, and “our” refer to New Responders or “company”.
Anyone who purchases a course or program from Company is referred to as “client”.
New Responders may revise and update these Terms and Conditions and/or our Privacy Policy at any time. Your continued usage of or access to the Sites will indicate your acceptance of those changes. You must read these Terms and Conditions along with any other terms, conditions, or disclaimers located throughout the Sites.
You are responsible for complying with any local laws that are applicable in your jurisdiction.
All products and services provided and advertised by New Responders are subject to any other applicable terms and conditions governing their use.
SITE USE
Information provided on the Sites and related to our service of Coaching for Canadian Police force applicants is subject to change. New Responders make no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. Company’s logo and Company brand and product names referenced herein are either registered trademarks or trademarks of Company or its partners or suppliers. All other brand and product names mentioned herein are trademarks of their respective owners. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent or as provided for in these Terms and Conditions.
Unless expressly provided otherwise by Company, all comments, feedback, information or materials submitted to Company through or in association with the Sites shall be considered non-confidential and Company’s property. By submitting such comments, feedback, information or materials to Company, you agree to a no-charge assignment to Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Company shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Company authorizes you to view, print, copy and distribute materials on the Sites provided that:
the information be used internally by you only for informational, non-commercial purposes;
no fee may be charged for distribution of any information to any third party; and
any and all copyright or other proprietary notices that appear herein including “Copyright 2023, [COMPANY]. All rights reserved” together with this Legal Notice, must appear on any copies that you make.
The content on the Sites is protected by Canadian and foreign copyright laws. Any use of the content not expressly permitted in these Terms and Conditions is a breach and may violate copyright and other laws. Any copyright or other legal infringement may result in legal action taken on behalf of the Company.
DISCLAIMER AND LIMITATION OF LIABILITY
(1) Any product, process or technology published on the Sites may be the subject of Intellectual Property rights reserved by the Company, its subsidiaries or licensors, and are not licensed under this agreement.
(2) All information provided via the Sites, including, without limitation, any Company or its subsidiaries’ product or service plans, software programs, software code, offerings or programs, statements of future directions, “white papers'' or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Company at any time without notice. Company assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS'', WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT. COMPANY FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Sites
Graduates of classes offered by the Company will be subject to all requirements of the Constable Selection Process and local police requirements when applying for a position.
THIRD PARTIES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. Unless otherwise stated, these Terms and Conditions only cover the use of Sites. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
NO MEDICAL OR HEALTH CARE ADVICE PROVIDED
Company does not provide medical or health care advice on the Sites. The content on the Sites is not a substitute for professional medical advice, diagnosis or treatment. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON SITES.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario, and of Canada, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be St.Thomas, Ontario and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
MISCELLANEOUS
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By accessing or using the Sites, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes, you accept the new Terms and Conditions with the modifications.
CHILDREN
To access or use the Site, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions.
SERVICES.
Company agrees to provide Coaching for Canadian Police Force Applicants, Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation.
DISCLAIMER.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, unless otherwise required by law.
Client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, or other licensed or registered professional. Coach will not act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy. Client understands this Program will not provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other health practitioner as determined by their own judgment.
If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
PROGRAM STRUCTURE.
Micro Courses are prepaid and a course replay is sent to the Client
The Constable Application Program and The Cadet Application Program are 5 weeks in length
Expectations for Client participation in the 5 week Program
Please be on time to all appointments. If you will be late, notify Company in advance. If you will miss an appointment, notify Company at least 24 hours in advance. Appointments missed without 24 hours notice will only be rescheduled at Company’s sole discretion.
Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
Make a commitment to the action plans you create, and do what you have agreed to do.
Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
TERM.
The Cadet/Constable Application Program is 5 weeks long (“Term”). Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Term. If the Parties desire to continue their relationship, a separate agreement will be entered into.
TERMINATION.
Company is committed to providing Client with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms of this Agreement. If Client terminates this Agreement, no refunds will be issued.
PAYMENT.
Total price of this Program is $799 (“Cost”). Client may pay by monthly installments through Sam Cart.
REFUNDS.
Client is responsible for full Cost for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued.
CALLS.
It is Client’s sole responsibility to schedule monthly calls with Company. If Client fails to schedule appointments, those unscheduled appointments are forfeited. If Client needs to reschedule a call with Company, Client must provide at least 24 hours advanced notice to Company. Missed appointments will be forfeited at the sole discretion of Company.
Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried-over.
Expectations for all clients:
CONFIDENTIALITY.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party or information that is already publicly available. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned during the Term of this Agreement shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will: (i) provide Company with prompt notice of such requirement prior to the disclosure; and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS.
Any material given to Client in the course of Clients work with the Company (“Program Material”) is proprietary, copyrighted and developed specifically for Company. Program Materials are solely owned intellectual property of Company. Client agrees that such Program Material is provided during the Program solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Program Materials are copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's purposes outside of the coaching relationship. All intellectual property, including Company’s copyrighted Program Materials, shall remain the sole property of the Company. No license to use, sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company in writing.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in St.Thomas, Ontario. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and of Canada, regardless of conflict of laws principles.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, or other matter such as disease or community health risk, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, and the affected Party, on a timely basis, notifies the other Party of the matter preventing its performance and the probable length of delay, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature and extent of the Program, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.]
Graduates of classes and programs offered by the Company will be subject to all requirements of the Constable Selection Process and local Police requirements when applying for a position.
© [COMPANY], 2023. All rights reserved.