Terms of Use

Welcome to the Dynamic Dialogues website.

Please read these Terms of Use carefully before browsing the Site and using the Services.

BY CONTINUING TO USE THIS SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ALL RELATED POLICIES AND GUIDELINES OF THE SITE, IF ANY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.

The Dynamic Dialogues website (the "Site") is owned and operated by Dynamic Dialogues Coaching Inc. ("Dynamic Dialogues ", "We", "Our", "Us"). We are pleased that you ("You") wish to use the information and services, including the candidate and client services, available on the Site (collectively, the "Services"). Any person who wishes to use the Site must accept these terms and conditions of use ("Terms of Use") without change.

Dynamic Dialogues reserves the right to change any of these Terms of Use or any other policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING DYNAMIC DIALOGUES' POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES.

1. YOUR USE OF THE SITE CONTENT.

(a) The Site contains text, graphics, photos, logos, icons, salary surveys, forms and other materials ("Site Content") furnished by Dynamic Dialogues. The Site Content is protected under copyright, trade-mark, and the laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of Dynamic Dialogues and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of Dynamic Dialogues.
(b) Permission is granted to You to download and make one printed copy of the Site Content for Your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: "Copyright © 2007, Dynamic Dialogues Coaching Inc. All rights reserved." You acknowledge and hereby agree that You do not acquire any ownership rights by downloading Site Content from the Site.
(c) Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site, except in connection with the rights granted to You in Section 1(b) above. "Dynamic Dialogues" logo is registered and unregistered trade-marks of Dynamic Dialogues Coaching Inc.
(d) The Site Content is provided "AS IS." DYNAMIC DIALOGUES DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SITE CONTENT AND YOUR USE OF THE SITE CONTENT AND ALL PERFORMANCE HEREUNDER. Dynamic Dialogues make no warranties or conditions regarding the completeness, accuracy or availability of the Site Content.
(e) In no event shall Dynamic Dialogues be liable to You or any other person or entity for any direct, indirect, special, exemplary or consequential damages, including lost profits, arising under these Terms of Use or Your use of the Site Content based in contract, negligence, strict liability or otherwise, whether or not such Dynamic Dialogues had any knowledge, actual or constructive, that You might incur such damages.
(f) You shall indemnify and hold harmless Dynamic Dialogues against any claim, damages, loss, liability or expense, including legal fees, arising out of Your use of the Site Content in any way contrary to these Terms of Use.

2. YOUR USE OF THE THIRD PARTY CONTENT.

For greater clarity, You also expressly understand, acknowledge and agree that:

(a) Certain content on this Site, including, but not limited to, information relating to client and candidate opportunities, other text, images and other data (collectively, "Third Party Content") is owned or provided by persons other than Dynamic Dialogues (collectively, "Third Party Providers"). You understand that You have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(b) You may not copy, license, sell, transfer, publish, reproduce, distribute, modify, display, prepare derivative works based on, repost, make available or otherwise distribute the Third Party Content to any entity or person without the prior written consent of the Third Party Providers. You shall use Your best efforts to stop any such copying or distribution immediately after You become aware of such use.
(c) You are granted a limited license to display on Your computer, download, use and make one printed copy of the Third Party Content for Your own private, non-commercial use only, so long as (i) You do not modify any such Third Party Content; and (ii) You ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. You acknowledge and agree that nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
(d) The Third Party Content is provided "AS IS." EACH THIRD PARTY PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE THIRD PARTY CONTENT AND YOUR USE OF THE THIRD PARTY CONTENT AND ALL PERFORMANCE HEREUNDER. Third Party Providers make no warranties or conditions regarding the completeness, accuracy or availability of the Third Party Content.
(e) In no event shall any Third Party Provider be liable to You or any other person or entity for any direct, indirect, special, exemplary or consequential damages, including lost profits, arising under these Terms of Use or Your use of the Third Party Content based in contract, negligence, strict liability or otherwise, whether or not such Third Party Provider had any knowledge, actual or constructive, that You might incur such damages.
(f) You shall indemnify and hold harmless each Third Party Provider against any claim, damages, loss, liability or expense, including legal fees, arising out of Your use of the Third Party Content in any way contrary to these Terms of Use.

The rights and limitations in this Section 2 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf.

3. USE OF THE SERVICES.

(a) You understand that the Services includes various kinds of information, including but not limited to information regarding employment and career opportunities in Canada and abroad, information concerning Dynamic Dialogues' service offerings, links to events sponsored by Dynamic Dialogues, salary surveys, information concerning Dynamic Dialogues' candidates, independent consultants and employees
(b) While We attempt to be as accurate as possible regarding Our Services, and to ensure that all information contained on the Site is accurate and up-to-date, We do not represent or warrant that the information contained on the Site (including any descriptions of employment opportunities) is accurate, complete, reliable, current or error-free. You understand and agree that Dynamic Dialogues (i) does not represent or warrant that You will receive any employment offers through the Site; (ii) will not be responsible for any employment offers, employment screenings, employment decisions and actual employment presented by third parties; (iii) will not be responsible for any materials posted by third parties, including but not limited to, job offerings, job openings and employment listings; and (iv) is neither Your agent nor Your employer in any regard. We ask and expect that You will use Your own judgment and will exercise caution and common sense in evaluating any prospective employers and any information provided by any third party through the Site or otherwise.
(c) Accordingly, You understand and agree that the Services are provided on an "AS-IS, AS Available" basis without any warranty, representation or covenant of any kind, including as to any result or benefit that You may obtain through Your use of the Services or the Site, and that Dynamic Dialogues assumes no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to You through the Services or for the misdelivery of any information accessed or downloaded by You. You acknowledge that any reliance on the Services will be at Your own risk and that You must evaluate and bear all risks associated with the use of any Services, including any reliance on the accuracy, completeness, or usefulness of such Services. Dynamic Dialogues shall be held harmless and blameless by You and free of any and all liabilities that may occur as a result of any use or application of the information provided by Dynamic Dialogues in connection with Your use of the Services.
(d) Additionally, by using the Services, You may be exposed to Site Content and Third Party Content (collectively, the "Content") that You may consider offensive, indecent or objectionable. Under no circumstances will Dynamic Dialogues be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content downloaded, e-mailed or otherwise transmitted to You via the Services.

4. YOUR REGISTRATION OBLIGATIONS.

(a) In connection with Your use of certain Services on the Site, You may decide to provide Us with Your profile information and open an online account with the Site that will allow You to access and use Your online profile for online employment opportunities. If so, You agree to: (i) provide true, accurate, current and complete information about Yourself, including name, e-mail address and information regarding Your skill set as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that You shall not impersonate or in any way misrepresent Your authority to act on behalf of any person, company, or other entity. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Dynamic Dialogues has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dynamic Dialogues has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You must be at least eighteen years old to use the registered Services. Your use of the registered Service is a representation to Dynamic Dialogues that You are at least eighteen years of age. You agree to cooperate with Dynamic Dialogues' reasonable measures to verify Your identity and authority in connection with Your use of the Services.
(b) If You open an account with the Site, You will receive an account user name ("User Name") and password ("Password"). You understand and agree that You are solely responsible for maintaining the security of Your own User Name and Password and for ensuring that such Username and Password are used only by You. You further agree not to disclose Your User Name or Password to any other person and Dynamic Dialogues and its officers, directors and employees will not be responsible for the unauthorized use of Your profile by any other person and are under no obligation to confirm the actual identity of any User Name or Password. You also agree to change Your Password on a regular basis in order to reduce the potential for unauthorised third party use and agree to notify Dynamic Dialogues immediately upon becoming aware of any known or suspected unauthorized use(s) of the Your User Name and Password to gain access to Your profile, or any known breach of security, including loss, theft or unauthorized disclosure of Your User Name and Password or account or any other breach of security, via e-mail to corp@dynamic-dialogues.ca if at any time Your password or username is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised. Dynamic Dialogues cannot and will not be liable for any loss or damage arising from Your failure to comply with these provisions.
(c) You are advised not to use, as Your Password, any obvious combination such as Your birthday, Your mother's maiden name, the names of Your spouse or children or pets, Your street address, Your telephone number, etc. If You do so, or if You otherwise reveal Your Password, You may be considered as contributing to the unauthorized use of the Password and may be held fully responsible for the unauthorized use of Your Password and all losses that You and Dynamic Dialogues experience as a result.

5. DYNAMIC DIALOGUES PRIVACY NOTICE.

Please click here to read and review Our PRIVACY NOTICE, which describes Our Privacy Policies and practices in detail, as such statement may be amended from time to time by Dynamic Dialogues. Dynamic Dialogues advises You to check the Privacy Notice on a frequent basis for changes. You hereby consent to the use of Your personal information by Dynamic Dialogues and/or its Third Party Providers in accordance with the terms and for the limited purposes set forth in the Privacy Notice. By agreeing to these Terms, You acknowledge and agree that certain information about You is subject to Our PRIVACY NOTICE , as described in the Privacy Notice.

6. MODIFICATIONS TO THE SERVICES.

Dynamic Dialogues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Dynamic Dialogues shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.

7. DEALINGS WITH ADVERTISERS.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site or through the Services, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party. You agree that Dynamic Dialogues shall not be responsible or liable to You for any loss or damage of any sort incurred as the result of Your dealings or as the result of the presence of such advertisers on the Site or made available to You through the Services.

8. LINKS.

This Site contains hyperlinks to websites operated by parties other than Dynamic Dialogues. These links are provided solely as a convenience to You, and do not imply any endorsement by Dynamic Dialogues of or any affiliation with or endorsement by the owner of the linked site. As Dynamic Dialogues has no control over such third party sites, You acknowledge and agree that Dynamic Dialogues is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. Your access and use of such third party sites, including any information, material, products and services therein, is solely at Your own risk. You further acknowledge and agree that Dynamic Dialogues accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that Dynamic Dialogues' Privacy Policy is applicable only while You are using the Site. Once You are linked to another website, You should read the privacy statement of that website before disclosing any personal information.

9. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT:

(a) EVERYTHING ON THE SITE, INCLUDING THE SERVICES AND THE CONTENT, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
(b) FOR GREATER CLARITY, DYNAMIC DIALOGUES MAKES NO REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT (I) THE SERVICES AND CONTENT OBTAINED THROUGH THE SITE WILL BE RELIABLE, ACCURATE, COMPLETE, VALID OR TRUTHFUL OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THE USE OF THE SERVICES, THE CONTENT AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, THE CONTENT AND THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY USE OF THE SERVICES OR THE CONTENT AVAILABLE THROUGH THE SITE IS DONE BY YOU AT YOUR RISK. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. DYNAMIC DIALOGUES DOES NOT WARRANT THAT THE CONTENT, THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNAMIC DIALOGUES OR THROUGH THE SITE OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
(e) DYNAMIC DIALOGUES DISCLAIMS ANY AND ALL SUCH ABOVE WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. LIMITATION OF LIABILITY.

(a) YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE RISK OF FINANCIAL LOSS, PHYSICAL HARM, DEALING WITH OTHER USERS OF THE SITE AND PERSONS ACTING UNDER FALSE PRETENSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DYNAMIC DIALOGUES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNAMIC DIALOGUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SERVICES, THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICES, THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE SERVICES, THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) ANY FAILURE OR DELAY TO OBTAIN SERVICES; OR (IV) ANY OTHER MATTERS RELATING TO THE SERVICES, THE SITE, YOUR POSTED MATERIAL AND THE CONTENT.
(b) YOU SPECIFICALLY ACKNOWLEDGE THAT DYNAMIC DIALOGUES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DYNAMIC DIALOGUES SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED FROM THE SITE.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, DYNAMIC DIALOGUES SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGES WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE MAXIMUM LIABILITY OF DYNAMIC DIALOGUES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, CDN$500.

11. INDEMNITY.

You agree to indemnify, defend and hold harmless Dynamic Dialogues, its directors, officers, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, Third Party Providers, representatives, successors and assigns and each of their respective officers, directors, shareholders, employees, affiliates, subsidiaries, parents, agents, advisors, representatives, successors and assigns from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from Your use of the Site, the Services, the Content or Your violation of these Terms of Use.

12. VIOLATIONS.

Please report any violations of these Terms of Use to Dynamic Dialogues at corp@dynamic-dialogues.ca

13. APPLICABLE LAW.

These Terms of Use and any action related thereto or related to the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or Your use of the Site, the Services and the Content will be filed only in a court located in Toronto, Ontario, Canada, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree not to visit or use the Site, the Content or Services in any such circumstances. Sections 1, 2, 3, 4, 9, 10, 11, 12, 14, 16, 17, 18, 19, and 20 shall survive any termination of these Terms of Use for any reason.

14. TERMINATION.

You acknowledge and agree that these Terms of Use shall remain in effect for so long as You use the Services and this Site. You agree that this agreement can only be terminated by You once You have stopped using the Services or the Site. Dynamic Dialogues reserves the right to terminate Your use of the Site and the Services at any time, for any reason, with or without cause, if Dynamic Dialogues believes that You are violating these Terms of User in any way. Dynamic Dialogues also has the right, in its sole discretion, to terminate any of the Services available on the Site and remove any Posted Material from the Site. Dynamic Dialogues may also terminate Your Password to any part or all of the Services provided by Dynamic Dialogues on the Site at any time, with or without cause or notice, for any reason. If You wish to terminate Your account, You many choose to cease Your use of the Site or to send Us notification by e-mail at corp@dynamic-dialogues.ca. Dynamic Dialogues shall not be responsible for maintaining or returning Your Posted Materials, Your account, Your User Name or Password. You should always maintain a copy of Your Posted Materials.

15. ENTIRE AGREEMENT.

These Terms of Use constitute the entire agreement between You and Dynamic Dialogues relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

16. NO AGENCY; THIRD-PARTY BENEFICIARY.

Dynamic Dialogues is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Dynamic Dialogues, You, and relying Third Party Providers.

17. ASSIGNMENT.

You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.

18. SEVERABILITY.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

19. NO WAIVER.

Dynamic Dialogues will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Dynamic Dialogues. No delay or omission by Dynamic Dialogues in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Dynamic Dialogues's failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Dynamic Dialogues's right to subsequently enforce such provision or any other provisions of these Terms of Use.

20. HEADINGS.

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect.