Terms of Use

Last Updated: November 16, 2022

Any and all digital products, including, but not limited to, downloadable course materials (collectively, “Digital Products”), you may find at www.nestfeathers.ca (“Site”), are owned and operated by Diane Berkers (Nest Feathers)

By visiting the Site, you agree to follow and be bound by these terms of use (“Terms of Use”), the Privacy Policy and Disclaimer, which are hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, "I", “we”, “us” and “our” refer to Diane Berkers (Nest Feathers)  and refers to all Digital Products and information provided by us on the Site. 

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at welcome@nestfeathers.ca

YOU AGREE THAT BY USING THE SITE AND THE PRODUCTS YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

The Site provides an online space to give visitors general information on how to declutter your home, including advocating to donate, giveaway, trash or sell items that no longer are useful to you.

We strive to keep our Digital Products accurate, current and up-to-date. However, for a variety of reasons, We cannot guarantee that all of the information on the Site is completely current or applicable to your circumstances. 

1. Privacy Policy. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found here. Our Privacy Policy is expressly incorporated into this Terms of Use.

When you use or access certain portions of the Site you must provide complete and accurate information as requested on the registration form.

In connection with the use of certain Products you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and full sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate our rights at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by Diane Berkers. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, podcasts, videos and images (the “Materials”) are owned or licensed either by us or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses.

3. Limited Permission to Download. We hereby grant you permission to download, view, screenshot and print the Digital Download Products on any single, stand-alone computer solely for your personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, law of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

4. Refund Policy. Each product has its own refund policy, please refer to each product for those specifics.

5. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN '“AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (C) THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD/ACCESS OR ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

6. Limitation of Liability. In no event shall We, our officers, directors, employees, agents, contractors, suppliers, or licensees be liability for any indirect, punitive, special, incidental or consequential damage, however it arises.

7. Indemnification. You agree to defend, indemnify and hold Us harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

8. Children. Minors are not eligible to use the Site and we ask that you do not submit any personal information to us.

9. Governing Law. By using this Site, you expressly agree that your rights and obligations shall be governed by the laws of the Province of Ontario and Canada These Terms of Use expressly exclude and disclaim the terms of the International Sale of Goods Contracts Convention Act, which shall not apply to any transaction conducted through or otherwise involving this Site.

10. Acknowledgement. BY USING OUR PRODUCTS OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

11. Contact. If you have any questions about these Terms of Use, the practice of this Site, or your dealings with this Site, you can contact us at welcome@nestfeathers.ca