LIFEGUARDING
ACADEMY
LIFEGUARDING
ACADEMY
Lifeguarding Academy may take photography and videography of the student while in the course for the purpose of social media, marketing, advertising, archiving, and without any limitation, commercial use. The student hereby releases Lifeguarding Academy from all claims in which the Student may have now or in the future for compensation arising out of the participation in the Media. Lifeguarding Academy will use all media respectfully, protecting minors' privacy and personal information by restricting the full names or identifying details of the Student’s without explicit consent. Parents or Legal Guardians can revoke consent by submitting a written request to the Lifeguarding Academy, to which the Lifeguarding Academy will stop using the child’s images in future materials.
Welcome to www.lifeguardingacademy.com. Lifeguarding Academy provides Lifesaving Society affiliated courses that include both Lifesaving and Lifeguarding courses. Lifeguarding Academy operates and maintains this website, www.lifeguardingacademy.com including all content thereon (the "Site"). Therefore by accessing, browsing or using the Site, you accept and agree to these terms and conditions (the "Terms"). Lifeguarding Academy may amend the Terms at any time without notice. It is your responsibility to review the Terms each time you use the Site. Please exit the Site immediately if you do not accept or agree to the Terms.
All content, designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos and marks displayed on the Site are owned by Lifeguarding Academy, its licensors, or the party accredited as owner, and protected by copyright, trade-mark and intellectual property laws, and treaty provision laws.
You shall not use the Site for any purpose except as expressly provided herein. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this content in any way except for your own personal, non-commercial use. You also may not adapt, alter or create a derivative work from this content except for your own personal, non-commercial use. Any other use of this content requires the prior written permission of Lifeguarding Academy. Further, you may not frame the Site or any part thereof on any Internet Site without prior written permission. You acquire absolutely no rights or license to the Site other than the limited right to use the Site in accordance with the Terms. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lifeguarding Academy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lifeguarding Academy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lifeguarding Academy or our licensors except as expressly authorized by these Terms.
As a condition of your use of the Site, you warrant Lifeguarding Academy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Site may contain links to third party websites. These links are provided solely as convenience to you. Lifeguarding Academy is not responsible for the content of any third party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Lifeguarding Academy will never sell your personal information to any third party.
To the greatest extent permitted by applicable laws, the User will defend, indemnify and hold harmless Lifeguarding Academy and Lifeguarding Academy’s officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, for the User’s breach of this Terms; (b) the User’s access to and/or use of the Site or Services; (c) any loss of, or damage to, any property, or injury to, or death of, any person (including the User) caused by the User’s access to and/or use of the the Site or Services; (d) any interactions with other Users using the Site or Services; (e) any breach of confidentiality or privacy by a User; (f) any rejected refund request; (g) any dissemination, sharing, or viewing of illegal or objectionable content while using the Site; (h) for the User’s breach of the intellectual property rights of any third party to this Terms; (i) any incident, accident, or injury or damage incurred at Lifeguarding Academy’s facilities (j) any failure by a User to adhere to lifeguard or instructor instructions or pool regulations; and (k) for any failure to attend or participate as required to properly engage with the Services.
Lifeguarding Academy may in its sole discretion restrict or terminate your access to the site at any time, without notice. In the event of termination, you are no longer permitted to access the Site. Lifeguarding Academy is not liable to any party for such termination.
The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and these laws apply to the use of the Site, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
Digital media materials produced by Lifeguarding Academy are owned and administered by the owners and co-founders of Lifeguarding Academy only. All rights reserved. No part of the site may be reproduced, modified, distributed, sold, published, broadcast, retransmitted in any form without prior written consent of Lifeguarding Academy.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these Terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
Notwithstanding any other provisions of this Terms, you acknowledge and agree that Lifeguarding Academy may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Lifeguarding Academy.
By using the Site or Services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms thoroughly; (ii) have read and understands the terms, the nature and the consequences of these Termsr and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of these Terms.
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of Lifeguarding Academy to enforce any of the provisions set out in these Terms and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
If any portion of this Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms that is unlawful, void or unenforceable shall be stricken from this Terms.
All covenants, agreements, representations and warranties made in this Terms shall survive the User’s acceptance of this Terms and the termination of this Terms.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
Lifeguarding Academy is solely responsible for providing any maintenance and support services with respect to the Site or Marketplace when required from time to time or as required under applicable law. If you notice a problem or error on the Site or when using the Marketplace you can report it to support@lifeguardingacademy.com.
Lifeguarding Academy’ contact information for any end-user questions, complaints or claims with respect to Lifeguarding Academy’s properties is support@lifeguardingacademy.com.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFEGUARDING ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIFEGUARDING ACADEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITE OR APPLICATION LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. LIFEGUARDING ACADEMY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE ON THE SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Services may be purchased through the Site. All fees are due at the time of purchase. The User is responsible for all sales taxes associated with the fees.
Lifeguarding Academy accepts no liability to complete any transaction which cannot be cleared by Lifeguarding Academy’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied.
Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time fees are due and payable. Lifeguarding Academy reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the User.
Users hereby authorize Lifeguarding Academy to run credit card authorizations on all credit cards provided by the User, to collect and store credit card through third party payment processors, subject to our Privacy Policy, and to charge User’s credit card (or any other Credit card) for the Service fees and any other amounts owed for the Services.
By providing credit card information through the Site and authorizing payments with the credit card, the User represents, warrants, and covenants that: (a) User is legally authorized to provide such information; (b) User is legally authorized to make payments using the credit card(s); (c) if User is an employee or agent of an organization or person that owns the credit card, that User is authorized by the organization or person to use the credit card to make payments on the Site; and (d) such actions do not violate the terms and conditions applicable to User’s use of such credit card(s) or applicable law. When User authorizes a payment using a credit card via the Site, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these Terms cannot be collected from your credit card(s), the User is solely responsible for paying such amounts by other means.
Payment of the Service fees may be limited by applicable law or by written agreement with User’s financial institution. As such, Lifeguarding Academy is not liable to any User if we do not complete a transaction as a result of any such limit or if a financial institution fails to honor any credit or debit to or from an account associated with a User. Lifeguarding Academy will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with these Terms.
The applicable third-party payment processor used by Lifeguarding Academy (“Third Party Payment Processor”) provides certain services to Lifeguarding Academy and to User that support Lifeguarding Academy Payment Services (the “Third Party Payment Processor Services”). Lifeguarding Academy uses a Third Party Payment Processor to process payments initiated by Users, and to collect the Service fees and other amounts owed by Users to Lifeguarding Academy.
User agrees to indemnify and hold harmless Lifeguarding Academy with respect to any suits or claims by Third Party Payment Processors or any third party (and any related costs, including legal fees) arising directly or indirectly out of any activity associated with such User , whether initiated by User or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the services in a manner prohibited under these Terms or any agreement with any Third Party Payment Processor), and without limitation including (a) any failure by User to pay any amount owing by User to a Third Party Payment Processor in any way related to an account associated with User on Third Party Payment Processor’s system, or (b) any claim made against Lifeguarding Academy by a Third Party Payment Processor as a result of any inaccurate or incomplete information provided by User to such Third Party Payment Processor (or provided by User to Lifeguarding Academy, and which Lifeguarding Academy provided to Third Party Payment Processor). If Lifeguarding Academy makes any payment to a Third Party Payment Processor in relation to any such claim, then, without limiting any other remedies available to Lifeguarding Academy, Users authorize Lifeguarding Academy to use any authorized payment method to collect a corresponding amount from such User.
From time to time, Lifeguarding Academy may change the Third Party Payment Processor it uses to support Lifeguarding Academy Payment Services, or Lifeguarding Academy may offer the option of using other Third Party Payment Processors to support Lifeguarding Academy Payment Services, or Lifeguarding Academy may elect itself to perform some or all of the services that were previously provided by the Third Party Payment Processor. If Lifeguarding Academy does so, then, in order to continue to use Lifeguarding Academy Payment Services, User may be required to agree to additional terms imposed by Lifeguarding Academy or such other Third Party Payment Processor. If User does not wish to accept those terms, then such User must cease using the corresponding Lifeguarding Academy Payment Services.
If you are a visitor of www.lifeguardingacademy.com this Privacy Policy applies to your use of such Site and all services provided by Lifeguarding Academy Corporation (“Lifeguarding Academy’). All capitalized terms herein are as defined in the Lifeguarding Academy Registration Terms and Conditions.
We respect the privacy rights and data protection rights of our users and recognize the importance of protecting the personal information we collect about you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information.
It is Lifeguarding Academy’s policy to comply with the privacy legislation within our jurisdiction. This Privacy Policy covers all activities subject to the provisions of Canada’s federal and Ontario’s provincial privacy laws, and other international jurisdictions not otherwise specifically addressed by this Policy. The Site and Services are available to be viewed internationally, and we endeavour to ensure compliance with all applicable privacy legislation in your jurisdiction. Lifeguarding Academy provides its services from Canada, and ensures its compliance with all applicable privacy legislation, including but not limited to, the secure storage of user data, disclosing the collection and use of its user data, and only using its users’ data for purposes associated with or ancillary to the Services.
The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact our Privacy Officer for more information on this Policy at privacy@lifeguardingacademy.com.
Lifeguarding Academy does not knowingly collect personally identifiable information from any person under the age of 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at privacy@lifeguardingacademy.com so that we may remove your child’s personal information.
In order to help Lifeguarding Academy maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to Lifeguarding Academy.
What is personal data
Personal data means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Personal data use: principles and purposes
We ask you to provide us with certain personal data that can be used to contact you and process the appropriate paperwork for your certifications. Personal data may include, but is not limited to, your name, mailing address, email address, phone number, and date of birth. We collect Personal data for the purpose of providing the Services, responding to your requests/inquiries, identifying and communicating with you about the Services and improving our Services. Your personal information will be sent to the Royal Lifesaving Society for the purposes of processing your certification but we will never sell (or give free of charge) your information to any other third-parties.
The personal information Lifeguarding Academy collects on the Site includes:
(the “Personal Information”)
Lifeguarding Academy may collect Personal Information through the following means:
Lifeguarding Academy will always seek your consent before or at the time that we collect your Personal Information. Lifeguarding Academy may collect information about you from a third party if you have consented to that third party to release your information, for example, for payment or credit card processing. Lifeguarding Academy may also utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of the Services. Lifeguarding Academy requires all third parties to provide confirmation that they are authorized to release your information.
Lifeguarding Academy is the sole and exclusive owner of the data it collects from Users and will not sell, share, lease, or otherwise distribute or disclose such data in any way other than as disclosed by this Policy. Personal Information may be collected through multiple pages on the Site.
We collect the following information
We collect information that your browser sends whenever you visit our Site or use our Services ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Services that you visit and the time and date of your visit. In addition, we use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Services' functionality. These third-party service providers have their own privacy policies addressing how they use such information. When you access the Services by or through a mobile device, we collect certain information automatically, including the type of mobile device you use, your mobile device's unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and your general location information as described further below.
Opt-Outs
We provide you with the opportunity to "opt-out" of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you. You can request to have your data removed by sending us an email at admin@lifeguardingacademy.com.
Communication preferences
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications.
Blocking cookies
You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so.
Changes to the Privacy Policy
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Site.
Authorized Disclosure and Use
Lifeguarding Academy discloses Personal Information only to its employees, contractors and affiliated organizations and third parties that need to know that Personal Information to process it on Lifeguarding Academy's behalf or to provide the Services, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations and third parties may be located outside of Canada and/or outside your jurisdiction. By using the Site or the Services, you consent to the disclosure of such information to them for purposes including but not limited to:
Lifeguarding Academy may also use your Personal Information, specifically your contact information, including but not limited to your name and email address, with your consent for the following purposes:
Your Personal Information may also be used and disclosed:
In such event, only the minimum amount of personal information required to fulfill the contemplated purpose will be disclosed.
Collected Information and Cookies may be used in aggregate form to assess how our Users use our Site and/or App, so that our partners may also understand how often people use our Services. Your consent will always be sought prior to Cookies being allowed from the Site and/or App.
When you contact Lifeguarding Academy to obtain support, we may keep a record of your communication to help solve any issues you might be facing and reserve the right to publish it without any way to identify its origin, to help us support other Customers.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Personal Information may be transferred as part of that transaction. We will notify you via email and a notice on our Site of any change in control or use of your Personal Information. We will also notify you of choices you may have regarding the Personal Information we are storing which is subject to such change of control.
We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our Service. Lifeguarding Academy will never disclose data which may personally identify you, outside the scope of the Services and the Terms and this Privacy Policy, without your prior written consent.
You may change or withdraw your consent, or update your Personal Information at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing to privacy@lifeguardingacademy.com. Lifeguarding Academy may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. Lifeguarding Academy may require that you provide to us sufficient information to identify yourself before we comply with any request regarding Personal Information stored by Lifeguarding Academy. Lifeguarding Academy will use all reasonable efforts to respond to user requests in a timely manner.
Retention of Personal Information
2- Third Party Applications
3- Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer or storage of Personal Information that we cannot resolve with our Users directly.
Security
The security of your Personal Information is important to us. We follow the generally accepted standards held within our industry to protect the information submitted to us, both during transmission and once we receive it. We store our data on internal, external, and encrypted online servers, protected with firewalls, malware protection, and multiple backup points. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot and do not guarantee absolute security. Unless specific contractual arrangements are made with you, Lifeguarding Academy may process your Personal Information on a server located outside your jurisdiction.
4- Privacy Officer
Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at privacy@lifeguardingacademy.com
5- Costs
Lifeguarding Academy reserves the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of your Personal Information. You will be notified prior to being assessed a charge for such services.
6- Changes to This Privacy Policy
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit approval. We will post any privacy policy changes on our Site and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep archived versions of this Privacy Policy for your review. By using the Site, you acknowledge and agree to this procedure.
7- Governing Law
This Privacy Policy is governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Services by You, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where it may lawfully be offered for use.
8- Enforceability
If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue to apply.
9- No Waiver
Failure of Lifeguarding Academy to enforce any of the provisions set out in this Privacy Policy or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and every provision.
10- Agreement to Terms of Policy
By using the Site, App, and/or providing information to us, you accept and agree to the collection and use of your personal information for the purposes described hereinabove.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are non executable and cannot carry viruses and install malware. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.
How we use cookies?
Cookies enable third party features or functionality to be provided on or through the Site (e.g. like advertising, interactive content and analytics). With the use of cookies, we can recognise your computer or device when it visits the Site.
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Site though your access to some functionality and areas may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at support@lifeguardingacademy.com (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the App, Site or Marketplace as a result of a mistake or misidentification, you may submit a written counter notification to Lifeguarding Academy using the contact information provided below (a “Counter Notification”). Your Counter Notification must include the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Province of Ontario; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
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