Disclaimer & Terms of Use

Disclaimer & Terms of Use

"Smarten Up Institute" is a trade mark of Smarten Up Institute Inc., a corporation with offices in the Province of British Columbia and Ontario, Canada.

INTRODUCTION

This web site is provided by Smarten Up Institute Inc. (“SUI”). By accessing this web site you are agreeing to these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this web site. SUI reserves the right to modify these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications you agree to be bound by the revised Terms.

LIMITATION OF LIABILITY AND DISCLAIMER

WHILE SUI ENDEAVORS TO PROVIDE PROGRAMS THAT ARE CURRENT AND UP-TO-DATE, THESE PROGRAMS, AND THE ASSOCIATED COURSEWARE, ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUI DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OF A PARTICULAR RESULT. SUI DOES NOT WARRANT THAT ANY PROGRAM OR ITS COURSEWARE WILL MEET ANY PARTICULAR REQUIREMENTS OR NEEDS, OR THAT THE CONTENT OF OR COURSEWARE FOR ANY PROGRAM WILL BE ERROR-FREE. NEITHER SUI NOR ITS LICENSORS SHALL HAVE ANY LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY BY RELIANCE ON THE CONTENT OR ANY COURSEWARE FOR ANY PROGRAM PROVIDED BY SUI, INCLUDING, BUT NOT LIMITED TO, LOSS OF CONSULTING OR ANTICIPATORY PROFITS, OR CONSEQUENTIAL DAMAGES.

You, the user, agrees to access and use this site entirely at your own risk and all content on the website is provided “as is” without any warranty or condition of any kind.

SUI makes no representations or warranties of any kind, whether express or implied: a) as to the suitability, reliability, availability, timeliness and accuracy of content on the website; b) that the functions provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.

While SUI will make every reasonable effort to ensure that the information provided on the website is current and accurate, the user should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website and the user acknowledges that he / she will not hold SUI, its parent companies, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives liable under any circumstances and will keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party which arises from the user’s use of the website, and such loss or damage may include but not limited to, liability for any defamatory, offensive or illegal conduct of other users or third parties.

The user acknowledges that he / she will not hold SUI, its parent companies, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives liable for any direct, indirect, punitive, incidental, consequential damages, or any damages whatsoever arising from the use of this website regardless of how the damages arise, which damages may include but not limited to:

a) damages for loss of data or profits, arising out of or in any way connected with the use or performance of the website, including but not limited to claim, demand, or damage, injury caused by any failure of performance or errors, omission, inaccuracy, interpretation, deletion, defect, delay in accessing material or content of the website, viruses, connection failures, theft, alteration of use, attorneys' fees, or any other action asserted by any third party due to or arising out of your use of or conduct on the website;

b) incompleteness of material or content on the website;

c) errors, omissions or inaccuracy of material or content on the website;

d) the delay or inability to use the website or related services;

e) the provision of or failure to provide services or for any information, software, products, services or related graphics obtained through the website; or

f) any other damages otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise even if SUI has been advised of the possibility of damages.

LIMITATION OF LIABILITY ON ADVERTISERS/ADVERTISEMENTS

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE SUI SITE AND SERVICES ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUI MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND OUR REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE SUI SITE AND THAT SUI MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS SUI MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL SUI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST SUI WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION ON QUANTUM OF LIABILITY

WITHOUT LIMITING THE FOREGOING, SUI SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

COPYRIGHT

All material on this web site is protected by copyright, trade marks and other intellectual property rights, all of which are owned and controlled by SUI and its licensors. You may view, download and print (but not photocopy) the material for your own personal non commercial use only. You may not distribute, transmit, reproduce or publish by electronic or any other means any part of the data without the prior written permission of SUI.

PAYMENT

This web site provides users with a free information service, but should SUI add services for which payment is required, users will be notified within the site and given instructions for subscribing to any such services.

CHOICE OF LAW AND JURISDICTION

These Terms of Use shall be governed and construed in accordance with the laws of British Columbia applicable to contracts made and fully performed therein, and the Courts of the Province of British Columbia shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding. For the exclusive benefit of SUI, SUI shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

LINKS

SUI accepts no responsibility for the content on any site to which a hypertext link from this site exists. The links are provided "as is" with no warranty, express or implied, for the information provided within them.

CHAT ROOMS

Any chat rooms from time to time included on this website contain material submitted by users. SUI does not edit such material and SUI accepts no responsibility for the content or accuracy of such material, which material does not necessarily reflect the opinions, policies or positions of SUI. You hereby warrant and undertake that if you submit any material to any chat room on this website you will observe the following rules:

a) you will not include any defamatory, obscene or otherwise unlawful material or information, including material which infringes trade marks, copyright or other intellectual property;
b) you will use reasonable care to ensure any information provided is accurate:
c) you will respect the subject matter of any discussion group or chat room;
d) you will not carry out any commercial solicitation or advertising.

SUI is entitled to refuse access to any chat room or discussion group if you do not comply with these rules and may at its absolute discretion remove any material submitted by you.

You hereby agree to indemnify SUI against all damages, costs, actions, expenses or demands arising out of or incurred in connection with any claim by any third party in respect of any material submitted by you including, but not limited to, any claim that such material infringes any intellectual property rights of that third party or is defamatory, blasphemous or obscene.

Should SUI receive a claim from any third party regarding material submitted by you, SUI is at liberty to disclose your details to such a third party and to any relevant authorities.

LIMIT TO COMPLY

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

LIMIT TO TERM OF CAUSE

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.