Terms Of Use
SmartImmigant Inc. (“SmartImmigant”, “our,” “we,” or “us”) offers an Education Immigration Video Guide (the “Guide”), which was created with aim to help newcomers, temporary & permanent residents and any other interested parties to use properly and independently official immigration websites and get true, valid and updated information directly from official government sources without any help from outside. Please read our Terms of Use carefully. By accessing, or using our Services, features, materials, or website, you agree to our Terms of Use (“Terms”), as follows:
1. You must agree and abide by these Terms and other relevant Policies posted from time to time on our website or included in our materials. If you violate those Terms or other Policies, we may disable your account without any warning or prior notification. If your account is disabled, you will not be able to re-activate your account and use our Guide without our express permission.
2. You must access and use our Guide only as is legally permissible in the jurisdiction where you reside, and only for authorized and acceptable purposes.
3. The Guide contains proprietary, copyrighted information, documentation, computer code, and other materials. As between SmartImmigant and you, SmartImmigant retains title to and ownership of all rights in and to the Guide, including copyright and all other intellectual property rights. In exchange for payment of a subscription fee, SmartImmigant grants you a non-exclusive, non-transferable licence (the “License”) for the sole purpose of enabling you to use our Guide, in the manner permitted by our Terms. The rights granted under these Terms are granted to you only. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
4. You may use or access the Guide for your personal use only and not for commercial exploitation. You may not:
(a) use the Guide for any illegal or unauthorized purpose or activity. You agree to comply with all applicable federal, state, regional, local and municipal laws and regulations of any and all jurisdictions that apply to your use of and access to the Guide;
(b) distribute or make available the Guide or any portions of it to any person;
(c) access or use, on your behalf, or assist others to access or use the Guide to copy, adapt, modify, reverse-engineer, derivate from decompiling or extracting from the Guide or website in general, to distribute, license, sublicense, transfer, display, perform, or offer services similar to SmartImmigant which would otherwise not be permissible or authorized;
(d) reproduce, publish, sell, rent, loan, lease, sub-licence, transfer, market, distribute, redistribute, or otherwise part with the Guide or portions of it, in electronic or print form;
(e) make available any username or password associated with use of the Guide to any party;
(f) violate, misappropriate, or infringe the rights of SmartImmigant, its clients, or others, including privacy, publicity, intellectual property, or other proprietary rights; or
(g) use our Guide in any manner which could disable, overburden, damage or impair our server or website, or interfere with any other party’s use and enjoyment of the Guide.
5. The Licence will terminate immediately without notice from SmartImmigant if you breach any term of these Terms. In the event either party wishes to terminate this License at any time, the party may do so by notice to the other party. In any event of termination by you or due to your breach of the Terms, you will remain obligated to pay for your complete subscription without any refund by SmartImmigant, and for any outstanding debts incurred regarding the use of the Guide.
6. We may modify, suspend, or terminate your access to or use of our Guide without warning anytime and for any reason, including without limitation, for violation of our Terms or causing harm, risk, or possible legal exposure for us, our users, or others. Sections 3 through 17 will survive any termination of your relationship with SmartImmigant.
7. While every effort is made by us to provide accurate Guide, SmartImmigant does not guarantee its accuracy, and users are urged to check their correctness against primary materials or a second source. SmartImmigant makes no warranties as to the accuracy of the information contained in its Guide, or its applicability to a particular client situation. USING OUR MATERIALS IS NOT A SUBSTITUTE FOR A LEGAL ADVICE. You agree that all decisions you make on legal or immigration matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
8. Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of the Guide, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Guide materials.
9. Any non- SmartImmigant resources that can be accessed through links provided on this website or in the Guide were not created and are not maintained by us. SmartImmigant is not responsible for their accuracy, adequacy or completeness, or for the results obtained by using them. With respect to all information provided in or linked to through this website, SmartImmigant makes no warranties of any kind, express or implied (including warranties of fitness for a particular purpose) and shall not be liable for any loss arising out of use of this information, including without limitation any indirect or consequential damages.
10. Access to Guide may be interrupted, including, without limitation, for maintenance, repairs, upgrades, or due to network or equipment failures. We may remove or change some parts of our Guide or our Guide in its entirety, at any time without prior notice. Events beyond our control may affect our Guide, including, without limitation, nature disasters and other force majeure events.
11. SMARTIMMIGANT PROVIDES THE GUIDE ON AN “AS-IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OFFICIAL IMMIGRATION DECISION OUTCOME, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. YOU, OR YOUR ORGANIZATION, AS APPLICABLE, USES THE GUIDE AT YOUR OWN RISK AND ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION OF THE GUIDE TO ACHIEVE WHATEVER THE INTENDED RESULTS MAY BE, AND FOR THE USE OF THE GUIDE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR GUIDE WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR GUIDE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
THE GUIDE DOES NOT AND CANNOT REPLACE THE NEED FOR PROFESSIONAL JUDGMENT AS TO THE LEGAL SUFFICIENCY AND LEGAL ACCURACY OF ANY MATERIAL CONTAINED IN THE GUIDE. WE OFFER THE GUIDE AS AN AID TO USE OFFICIAL IMMIGRATION WEBSITES PROPERLY AND INDEPENDENTLY. YOU ACKNOWLEDGE THE GUIDE DOES NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE.
WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR GUIDE OR THE FEATURES, SERVICES, AND INTERFACES OUR GUIDE PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.
12. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTIMMIGANT, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SMARTIMMIGANT PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GUIDE. We are not responsible for any costs incurred as a result of the use of or inability to use the Guide, including lost profits or revenue, loss of data, or failure to realize expected savings. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR YOUR ORGANIZATION, AS APPLICABLE, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING FROM OR RELATING TO THE GUIDE EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE GUIDE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SMARTIMMIGANT PARTIES. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING, ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SMARTIMMIGANT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
13. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SMARTIMMIGANT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COSTS) RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR ACCESS TO OR USE OF OUR GUIDE, INCLUDING INFORMATION PROVIDED IN CONNECTION THEREWITH; (B) YOUR BREACH OR ALLEGED BREACH OF THE TERMS; (C) ANY MISREPRESENTATION MADE BY YOU; OR (D) ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) BROUGHT AGAINST ANY OF SMARTIMMIGANT PARTIES BY ANY THIRD PARTIES IN RESPECT OF WHICH YOU USE THE GUIDE OR ARISING FROM YOUR USE OF THE GUIDE. YOU WILL COOPERATE AS FULLY AS REQUIRED BY US IN THE DEFENSE OR SETTLEMENT OF ANY CLAIM.
14. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY OF OUR SERVICES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS (NON-CLASS OR NON-REPRESENTATIVE) QUALIFY. You and SmartImmigant agree to arbitrate any and all Claims by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SMARTIMMIGANT.
You can decline this consent to arbitrate by notifying us in writing, with the notice postmarked within 30 days of the later of: (i) the date that you first accepted our Terms by accessing our Guide; and (ii) the date you became subject to this arbitration provision, to the following address:
SmartImmigant Inc.
A1-112 Elizabeth street,Toronto,ON,M5G 1P5,Canada
In your notice you must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
All Claims will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) to take place in Seattle, WA, where such arbitration is conducted in the United States, or the International Centre for Dispute Resolution Canada (https://www.icdr.org) to take place in Toronto, ON, where such arbitration is conducted in Canada. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Guide, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the provincial and supreme courts in Toronto, Ontario, to resolve your claim.
If any provision of this arbitration consent is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
15. If you are not subject to the jurisdiction of United States or Canada, you expressly agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with the Terms, us, or our Services exclusively in the Supreme Court of the Province of Ontario, Canada or a provincial court located in Toronto, Ontario, Canada, as applicable, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Claims.
16. These Terms will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein without regard to conflicts of law. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will remain in full force and effect.
17. (a) Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding SmartImmigant and the Guide, and supersede any prior agreements.
(b) We may ask you to agree to additional terms for certain of our Guide or services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
(c) The Guide is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Guide in any country.
(d) Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.
(e) Any amendment to or waiver of our Terms requires our express written consent.
(f) We may amend or update these Terms. Any changes will be effective upon posting (electronic or otherwise) of a revised Terms. Your continued use of our Guide confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Guide immediately. Please review our Terms from time to time.
(g) All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or others, including, without limitation, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
(h) You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
(i) Nothing in our Terms will prevent us from complying with all applicable laws.
(j) Except as expressly contemplated herein, our Terms do not give any third-party beneficiary rights.
(k) Any failure by us to enforce any of our Terms or any other of our rights, will not constitute a waiver.
(l) We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
(m) We always appreciate your feedback or other suggestions about SmartImmigant and the Guide, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
