Acceptance of Terms
IMPORTANT -- READ CAREFULLY: BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE” CHECKBOX OR BY UTILIZING THE SMARTERU SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the SmarterU service ("Service"). Your use of the Service is subject to these Terms of Service. This is a legal agreement ("Agreement") between You and Neovation Corporation ("SmarterU"), a Manitoba, Canada Corporation, for use of the Service. "You" refers to any individual who agrees to the "I accept the Terms of Service" checkbox option on the Service login page or while registering for the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If You do not agree with the terms of this Agreement, do not select the Terms of Service checkbox and do not use the Service.
These terms apply to all SmarterU trial and paid accounts with the exception of accounts on an Enterprise plan. Enterprise plan accounts are governed by a separate, signed agreement, which supersedes this agreement at time of both parties signing the Enterprise agreement.
SmarterU reserves the right to update and change the Agreement from time to time by giving you 30 days’ notice of the change, whether via our website or by sending you an email. You cannot change these terms except with our prior written consent.
By using the Service, You signify Your irrevocable acceptance of this Agreement. Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
The following terms and conditions govern all use of the Service and all content, services and products available at or through the website, Service is owned and operated by SmarterU Corporation. ("SmarterU"). Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SmarterU's Privacy Policy) and procedures that may be published from time to time on the Service’s website by SmarterU (collectively, the "Agreement").
Your SmarterU.com Account and Website
If you use this Service, you are responsible for maintaining the confidentiality of your SmarterU account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SmarterU reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Electronic Communications
When you visit the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SmarterU or its content suppliers and protected by Canadian and international copyright laws. All software used on this Service is the property of SmarterU or its software suppliers and protected by Canadian and international copyright laws. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any SmarterU or third-party trademarks.
Your Information
SmarterU agrees that it holds no intellectual property interest in the Your content. You agree to not upload any content which is in violation of any law, or upload anything which would introduce any damaging items which could interfere with our systems.
Registration
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide SmarterU with an electronic mail address and other information ("Registration Data"). You will choose an account designation for Your Account during the Service's registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SmarterU of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SmarterU cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. SmarterU assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or SmarterU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmarterU has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). If You register to use the Service on a free-trial basis, You will also have to go through the registration process.
Support
Support is available to administrative level users of a free-trial or paid account. Support is accessible by either phone or email, as published on the account’s administrative dashboard. You agree to make all reasonable efforts to investigate and diagnose problems before contacting us. The type of support we provide You depends on the plan You have subscribed for with us.
Trial Account and Paid Plans
We provide you with a free 14 day trial to evaluate the Services, and determine whether you wish to subscribe to a paid plan. If you choose to continue using the services past the 14 day trial, you must first provide your billing details based on your selected plan.
Once you have subscribed to a paid plan, you will pay us the monthly or annual fee for the plan (along with any applicable taxes or duties) as set out on our website pricing page. We can change the fee schedule at any time if we provide you with 30 days’ notice by any means, including email.
You agree that you will pay all charges according to your selected plan. You can’t withhold payment or claim any set-off without getting our written approval.
If at any time you do not make a payment to us when you are supposed to, we can choose to suspend or terminate your use of the Service, after an emailed warning, with 30 days notice.
Disclaimer of Warranties
The Website is provided "as is". SmarterU and its suppliers, affiliates, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmarterU nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will SmarterU, or its affiliates, suppliers, resellers, contractors or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SmarterU under this agreement during the twelve (12) month period prior to the cause of action. SmarterU shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.You represent and warrant that (i) your use of the Service will be in strict accordance with the SmarterU Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by SmarterU.
Statue of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Indemnification
You agree to indemnify and hold harmless SmarterU, its affliates, officers, directors, employees, consultants, contractors, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Rights of Third Parties
A person who is not a party to these terms, including a learner, has no right to benefit under or to enforce any term of these terms.
Miscellaneous
This Agreement constitutes the entire agreement between SmarterU and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SmarterU, or by the posting by SmarterU of a revised version. These terms and our relationship is governed by law of the Province of Manitoba. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. In any litigation, the prevailing party shall be reimbursed reasonable court costs and attorneys’ fees.
Last Updated: August 12, 2014
