Terms of Service

1.Your Acceptance

This is an agreementbetween Think Tank Innovations Ltd., a Province of British Columbia corporation(“ShareSmart"), the owner andoperator of www.sharesmart.ca and www.sharesmart.io (the “ShareSmart Site”), the ShareSmart software including ShareSmartMessenger (the “ShareSmart Software”) (collectively, including all content andservices provided by ShareSmart through ShareSmart Software and the ShareSmartSite, the "ShareSmart Service",or the "Service"), and you(“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGEAND AGREE TO THESE TERMS OF SERVICE, AND SHARESMART'S PRIVACY POLICY, WHICH CANBE FOUND AThttps://www.sharesmart.ca/privacy AND WHICHARE INCORPORATED HEREIN BY REFERENCE AND FORMS AN INTEGRAL PART HEREOF. If youchoose to not agree with any of these terms, you may not use the Service.

2.ShareSmart Service

TheseTerms of Service apply to all users of the ShareSmart Service. Informationprovided by our users through the ShareSmart Service may contain content that isnot owned or controlled by ShareSmart. ShareSmart has no control over, andassumes no responsibility and liability for, the content, privacy policies, orpractices of any third-party websites, software or application (“Third Party Materials”). In addition,ShareSmart will not and cannot censor or edit the content of any Third-PartyMaterials. By using the Service, you expressly acknowledge and agree thatShareSmart shall not be responsible for any damages, claims or other liabilityarising from or related to your use of any Third-Party Materials.

3. ShareSmartAccess

A. Youacknowledge and agree that ShareSmart Service is only intended for thefollowing purposes (the “Purpose”):

·       Confidential communication or transferof personal and non-personal information, including clinical images andinformation

·       Third party’s consent collection

·       Storage of clinical images andinformation

A. Subject toyour compliance with these Terms of Service, ShareSmart hereby grants youpermission to use the Service, provided that: (i) your use of the Service aspermitted is solely for your personal or professional use, as applicable, andyou are not permitted to resell or charge others for use of or access to theService, or in any other manner inconsistent withthese Terms of Service; (ii) you will not duplicate, transfer, give access to,copy or distribute any part of the Service in any medium without ShareSmart'sprior written authorization; (iii) you will not attempt to reverse engineer,alter or modify any part of the Service; and (iv) you will otherwise complywith the terms and conditions of these Terms of Service and Privacy Policy.

B.In order to access and use the features of the Service, you acknowledge andagree that you will have to provide ShareSmart with your mobile phone numberand such other personal and professional information as requested. Youexpressly acknowledge and agree that in order to provide the Service,ShareSmart may periodically access your contact list and/or address book onyour mobile device to find and keep track of mobile phone numbers of otherusers of the Service. When providing your mobile phone number, you must provideaccurate and complete information. You hereby give your express consent toShareSmart to access your contact list and/or address book for mobile phonenumbers in order to provide and use the Service. We may collect names,addresses or email addresses. You are solely responsible for the status messagesthat you submit and that are displayed for your mobile phone number on theShareSmart Service. You must notify ShareSmart immediately of any breach ofsecurity or unauthorized use of your mobile phone. Although ShareSmart will notbe liable for your losses caused by any unauthorized use of your account, youmay be liable for the losses of ShareSmart or others due to such unauthorizeduse.

C.You agree not to use or launch any automated system, including withoutlimitation, "robots," "spiders," "offlinereaders," etc. or "load testers" such as wget, apache bench,mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., thataccesses the Service in a manner that sends more request messages to theShareSmart servers in a given period of time than a human can reasonablyproduce in the same period by using a ShareSmart application, and you areforbidden from ripping the content unless specifically allowed. Notwithstandingthe foregoing, ShareSmart grants the operators of public search engines permissionto use spiders to copy materials from the website for the sole purpose ofcreating publicly available searchable indices of the materials, but not cachesor archives of such materials. ShareSmart reserves the right to revoke theseexceptions either generally or in specific cases. While we don't disallow theuse of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we dodisallow any efforts to reverse-engineer our system, our protocols, or exploreoutside the boundaries of the normal requests made by ShareSmart clients. Wehave to disallow using request modification tools such as fiddler or whisker,or the like or any other such tools activities that are meant to explore orharm, penetrate or test the site. You must secure our permission before youmeasure, test, health check or otherwise monitor any network equipment, serversor assets hosted on our domain. You agree not to collect or harvest anypersonally identifiable information, including phone numbers, email addresses,and mailing addresses, from the Service, nor to use the communication systemsprovided by the Service for any commercial solicitation or spam purposes. Youagree not to spam, or solicit for commercial purposes, any users of theService.

4.Intellectual Property Rights

Thedesign of the ShareSmart Service along with ShareSmart created text, scripts,graphics, interactive features and the like, except Status Submissions (asdefined below), and the trademarks, service marks and logos contained therein("Marks"), are owned by orlicensed to ShareSmart, subject to copyright and other intellectual propertyrights under Canada and foreign laws and international conventions. The Serviceis provided to you AS IS for your information and personal use only. ShareSmartreserves all rights not expressly granted in and to the Service. You agree tonot engage in the use, copying, or distribution of any of the Service otherthan expressly permitted herein, including any use, copying, or distribution ofStatus Submissions of third parties obtained through the Service for anycommercial purposes.

5.User Status Submissions

A.The ShareSmart Service may allow ShareSmart users to submit status text,profile photos and other communications submitted by you, as well as theautomatic submission of your “last seen” status (collectively, the "Status Submissions"). These StatusSubmissions may be hosted, shared, and/or published as part of the ShareSmartService, and may be visible to other users of the Service who have your mobilephone number in their mobile phone and which you have not expressly blocked.For clarity, direct messages, location data and photos or files that you senddirectly to other ShareSmart users will only be viewable by those ShareSmartuser(s) or group(s) you directly send such information; but Status Submissionsmay be globally viewed by ShareSmart users that have your mobile phone numberon their smartphone, unless the user is blocked by you. Currently, we have nomethod of providing different levels of visibility of your Status Submissionsamong users that have your mobile phone number – you acknowledge and agree thatany Status Submissions may be globally viewed by users that have your mobilephone number, so do not submit or post status messages or profile photos thatyou do not want to be seen globally. The submission of your 'last seen' statusis done on an automatic basis. As clarified in the following section, youretain your ownership rights in your Status Submissions. You understand thatwhether or not such Status Submissions are published, ShareSmart does notguarantee any confidentiality with respect to any submissions.

B.You shall be solely responsible for your own Status Submissions and theconsequences of posting or publishing them. Because ShareSmart is only acting asa repository of data, user submitted statuses do not necessarily represent theviews or opinions of ShareSmart, and ShareSmart makes no guarantees as to thevalidity, accuracy or legal status of any status. In connection with StatusSubmissions, you affirm, represent, and/or warrant that: (i) you own or havethe necessary licenses, rights, consents, and permissions to use and authorizeShareSmart to use all patent, trademark, trade secret, copyright or otherproprietary rights in and to any and all Status Submissions to enable inclusionand use of the Status Submissions in the manner contemplated by the Service andthese Terms of Service; and (ii) you have the written consent, release, and/orpermission of each and every identifiable individual person in the StatusSubmission to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of the Status Submissions in themanner contemplated by the Service and these Terms of Service. To be clear: youretain all of your ownership rights in your Status Submissions, but you have tohave the rights in the first place. However, by submitting the StatusSubmissions to ShareSmart, you hereby grant ShareSmart a worldwide,non-exclusive, royalty-free, sublicensable and transferable license to use,reproduce, distribute, prepare derivative works of, display, and perform theStatus Submissions in connection with the ShareSmart Service and ShareSmart's(and its successor's) business, including without limitation for promoting andredistributing part or all of the ShareSmart Service (and derivative worksthereof) in any media formats and through any media channels. You also herebygrant each subscriber to your status on the ShareSmart Service a non-exclusivelicense to access your Status Submissions through the Service. The foregoinglicense granted by you terminates once you remove or delete a Status Submissionfrom the ShareSmart Service.

C.In connection with Status Submissions, you further agree that you will not: (i)submit material that is copyrighted, protected by trade secret or otherwisesubject to third-party proprietary rights, including privacy and publicityrights, unless you are the owner of such rights or have permission from theirrightful owner to post the material and to grant ShareSmart all of the licenserights granted herein; (ii) publish falsehoods or misrepresentations that coulddamage ShareSmart or any third-party; (iii) submit material that is unlawful,obscene, defamatory, libelous, threatening, harassing, hateful, racially orethnically offensive, or encourages conduct that would be considered a criminaloffense, give rise to civil liability, violate any law, or is otherwiseinappropriate; (iv) post advertisements or solicitations of business; (v) impersonateanother person; (vi) send or store material containing software viruses, worms,Trojan horses or other harmful computer code, files, scripts, agents orprograms; (vii) interfere with or disrupt the integrity or performance of theService or the data contained therein; or (viii) attempt to gain unauthorizedaccess to the Service or its related systems or networks.

D.ShareSmart does not endorse any Status Submission or any opinion,recommendation, or advice expressed therein, and ShareSmart expressly disclaimsany and all liability in connection with Status Submissions. ShareSmart doesnot permit copyright infringing activities and infringement of intellectualproperty rights via its Service, and ShareSmart will remove all content andStatus Submissions if properly notified that such content or Status Submissioninfringes on another's intellectual property rights. To file a copyrightinfringement notification, please send a written communication that includessubstantially the following: (i) A physical or electronic signature of a personauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed; (ii) Identification of the copyrighted work claimed tohave been infringed, or, if multiple copyrighted works at a single online siteare covered by a single notification, a representative list of such works;(iii) Identification of the material that is claimed to be infringing or to bethe subject of infringing activity and that is to be removed or access to whichis to be disabled, and information reasonably sufficient to permit the serviceprovider to locate the material, including the mobile phone number or contactinformation of the ShareSmart user allegedly infringing the copyrighted work;(iv) Information reasonably sufficient to permit the service provider tocontact the complaining party, such as an address, telephone number, and, ifavailable, an electronic mail address at which the complaining party may becontacted; (v) A statement that the complaining party has a good faith beliefthat use of the material in the manner complained of is not authorized by thecopyright owner, its agent, or the law; and (vi) A statement that theinformation in the notification is accurate, and under penalty of perjury, thatthe complaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed. Such takedown notices may beemailed to support at ShareSmart.ca. ShareSmart reserves the right to removecontent and Status Submissions without prior notice. ShareSmart may alsoterminate a user's access to the Service, if they are determined to be a repeatinfringer, or for any or no reason. A repeat infringer is a User who has beennotified of infringing activity more than once and/or has had a Status Submissionremoved from the Service more than twice. ShareSmart also reserves the right todecide whether content or a Status Submission is appropriate and complies withthese Terms of Service for violations other than copyright infringement andviolations of intellectual property law, such as, but not limited to excessivelength or limited interest. ShareSmart may remove such Status Submissionsand/or terminate a User's access for uploading such material in violation ofthese Terms of Service at any time, without prior notice and at its solediscretion.

E.You understand that when using the ShareSmart Service you will be exposed toStatus Submissions from a variety of sources, and that ShareSmart is notresponsible for the accuracy, usefulness, safety, or intellectual propertyrights of or relating to such Status Submissions, and that such StatusSubmissions are not the responsibility of ShareSmart. You further understandand acknowledge that you may be exposed to Status Submissions that areinaccurate, offensive, indecent, or objectionable, and you agree to waive, andhereby do waive, any legal or equitable rights or remedies you have or may haveagainst ShareSmart with respect thereto, and agree to indemnify and holdShareSmart, its officers, directors, employees, agents, affiliates, and/orlicensors, harmless to the fullest extent allowed by law regarding all mattersrelated to your use of the ShareSmart Service.

F.ShareSmart permits you to link to materials on the Service for personalpurposes only. ShareSmart reserves the right to discontinue any aspect of theShareSmart Service at any time.

6.Disclaimers

THESHARESMART SERVICES ARE PROVIDED TO YOU ON AN AS-IS BASIS. YOU AGREE THAT YOURUSE OF THE SHARESMART SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, SHARESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTSDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE ANDYOUR USE THEREOF. SHARESMART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USEOF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD-PARTY,AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHARESMART SERVICE. SHARESMARTDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SHARESMARTSERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OROTHER ADVERTISING, AND SHARESMART WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.

Exceptwhere expressly stated, ShareSmart makes no representations about the currency,accuracy, suitability or reliability of any content and functionality includingwithout limitation any data, information, material, images (moving and still),sound, graphics, software, hyperlinks, logos and trademarks, services and anyother material contained in, provided as a result of or in connection with youruse of the ShareSmart Service (“Material”).The Material and ShareSmart Service are provided "as is" and withoutwarranties of any kind, either express or implied including without limitationimplied warranties of merchantability and fitness for any particular purpose.

AnyMaterial made available through the ShareSmart Service whether it be on the ShareSmartSite, as an email, or any other transmission is provided as general informationonly and should not be relied upon in place of professional or expert advice.

ShareSmart,including our employees, officers, agents and contractors and their employees,officers, partners, agents and contractors do not warrant that the function of,or access to, the ShareSmart Service will be uninterrupted or error free, thatany defects will be corrected or that any ShareSmart Site or server whichstores and transmits any Material will be free of viruses or any other harmfulcomponents. We accept no responsibility for or liability in respect of suchinterruption, errors, defects, viruses or harmful components.

Youas the user:

(a)   acknowledge and agreethat:

(i)     ShareSmart may add,delete, update, upgrade or otherwise modify ShareSmart Service and the Material(collectively in this section, “update”);

(ii)    such updates may require reinstallationof an updated version of ShareSmart Software;

(iii)   such updates may not becompatible with your devices and/or operating systems; and

(iv)  ShareSmart may providereasonable notice to you for such updates;

(b)   assume the soleresponsibility to accept the updates and the full risks of:

(i)     not accepting theupdates; and

(ii)    not using the mostupdated version of ShareSmart Software when using ShareSmart Services;

(c)   acknowledge and agreethat ShareSmart shall not be responsible for the storage, tracing, expungement,or otherwise any maintenance of any data you have entered:

(i)     into any version ofShareSmart Software that is not the most updated version;

(ii)    under Your Account ifshared with other users or under another user’s Account; or

(iii)   despite receipt ofShareSmart’s notifications and warnings that your use of ShareSmart Serviceshas exceeded your storage capacity under your Account;

(d)   assume the entire cost ofany verification, repair, maintenance or correction of any relevant contentwhich is required.

7.Limitation of Liability

INNO EVENT SHALL SHARESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BELIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ORCONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SHARESMART SERVICE,(III) UNAUTHORIZED ACCESS TO OR USE OF SHARESMART’S SECURE SERVERS AND/OR ANYAND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SHARESMART’S SERVERS, (IV)BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO ORTHROUGH SHARESMART’S SERVICE BY ANY THIRD-PARTY, (V) ERRORS OR OMISSIONS IN ANYCONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USEOF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SHARESMART SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHERLEGAL THEORY, AND WHETHER OR NOT SHARESMART IS ADVISED OF THE POSSIBILITY OFSUCH DAMAGES, (VI) VIOLATIONS OF THESE TERMS OF SERVICES CAUSED BY YOU DIRECTLYOR INDIRECTLY, AND/OR (VI) DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OFSERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TOTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOUSPECIFICALLY ACKNOWLEDGE THAT SHARESMART SHALL NOT BE LIABLE FOR USERSUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTYAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TheService is controlled and offered by ShareSmart from its facilities in Canada.ShareSmart makes no representations that the ShareSmart Service is appropriateor available for use in other locations. Those who access or use the ShareSmartService from other jurisdictions do so at their own volition and areresponsible for compliance with local law.

8.Indemnity

Youagree to defend, indemnify and hold harmless ShareSmart, its parentcorporation, officers, directors, employees and agents, from and against anyand all claims, damages, obligations, losses, liabilities, costs or debt, andexpenses (including but not limited to attorney's fees) arising from: (i) youruse of and access to the ShareSmart Service; (ii) your violation of any term ofthese Terms of Service; (iii) your violation of any third-party right,including without limitation any copyright, property, or privacy right; or (iv)any claim that one of your Status Submissions caused damage to a third-party.This defense and indemnification obligation will survive these Terms of Serviceand your use of the ShareSmart Service.

9.Ability to Accept Terms of Service

Youaffirm that you are either more than 16 years of age, or an emancipated minor,or possess legal parental or guardian consent, and are fully able and competentto enter into the terms, conditions, obligations, affirmations,representations, and warranties set forth in these Terms of Service, and toabide by and comply with these Terms of Service. In any case, you affirm thatyou are at least 16 years old as the ShareSmart Service is not intended forchildren under 16. If you are under 16 years of age, you are not permitted touse the ShareSmart Service. ShareSmart is the developer of the Service, info atShareSmart.ca.

10.Assignment

TheseTerms of Service, and any rights and licenses granted hereunder, may not betransferred or assigned by you, but may be assigned by ShareSmart withoutrestriction.

11.Security

Asa registered user of the Website, you will receive or establish an account whichmay include login details such as username and password ("Account"). You are solelyresponsible for maintaining the confidentiality and security of your Account.You should not reveal your Account information to anyone or use anyone else'sAccount.

Youare entirely responsible for all activities that occur on or through yourAccount, and you agree to immediately notify us of any unauthorized use of yourAccount or any other breach of security. ShareSmart shall not jointly orseverally be responsible for any losses arising out of the unauthorized use ofyour Account.

Youshall not access or attempt to access an Account that you are not authorized toaccess. You agree not to modify any software used or provided in or inconnection with the ShareSmart Service in any manner or form, or to usemodified versions of such software, for any purposes including obtaining unauthorized access to the Website.

12. Acceptable Use and Prohibitions

In addition to any other terms orconditions regarding your use of the ShareSmart Service in these Terms ofService, we may require you to agree to specific terms for particular services,products or areas of the ShareSmart Service from time to time by confirmingyour agreement.  Any such additionalterms which you agree to shall be deemed incorporated into these Terms ofServices.

 

Without limiting the generality ofanything else contained in these Terms of Service, you shall ensure that:

 

(a)   Youonly access or use the ShareSmart Service for lawful purposes and only for the Purposes;and

(b)   Ifat anytime you become aware of any violation, by any person or entity underyour control, of any part of these Terms of Services, you shall immediatelynotify us and provide us with assistance, as requested, to stop or remedy suchviolation.

 

Without limiting the generality ofanything else contained in these Terms of Service, you agree that you shallnot, in connection with the ShareSmart Service, directly or indirectly do orpermit any of the following:

 

(a)   Disrupt,threaten or otherwise compromise the integrity, operation or security of the ShareSmartService, including but not limited to jailbreaking or otherwise modifyingdevice(s) that you access or use the ShareSmart Service on; and

(b)   Disableor circumvent any access control or related process or procedure establishedwith respect to the ShareSmart Service, including but not limited tojailbreaking or otherwise modifying device(s) that you access or use theShareSmart Service on.

13. Information Manager Agreement

By agreeing to this Terms of Use, the user also agrees to the following:

(a)   The user retains the soleresponsibility and duty to:

(i)             protect collected information;

(ii)            abide by the Health Information Act and/orsimilar legislation governing health information; and

(iii)           Think Tank shall not at any time haveaccess to readable/unencrypted information collected, stored or shared by anyuser.

(b)   The ShareSmart as an informationmanager (the “Information Manager”) is not permitted to collect healthinformation from any other custodian or from a person,

(c)   The Information Manager may notuse health information provided to it by the user,

(d)   Information Manager may notdisclose health information provided to it by the user,

(e)   The Information Manager shallrespond to access requests within approximately 14 days upon verification ofthe user and request. Uponrequest, Think Tank may defer the request to the specific user as Think Tank doesnot have access to readable health information that is collected, stored andshared by users.

(f)    The Information Manager is notto respond to requests to amend or correct health information.

(g)   Health informationprovided to the InformationManageris to be protected, managed, returned or destroyed in accordance with applicable laws.

(h)   This agreement may beterminated immediately upon the useruninstalling the ShareSmart Services. By uninstalling the ShareSmart Services, this agreementshall be deemed to be effective for the period of time the user utilized any ofthe features of the ShareSmartServices including, but notlimited to, having the ShareSmartServices installed on theirmobile device and continued use of cloud storage provided by ShareSmart.

 

14. Termination

ShareSmartmay, in its sole discretion, suspend, restrict or terminate your use of theShareSmart Service effective at any time, without notice to you, for anyreason, including if the operation or efficiency of the Service or ShartSmart’sor any third party’s equipment or network is impaired by your use of the Service,ShareSmart has received a third party complaint which relates to your use ormisuse of the Service, or you have been or are in breach of any term orcondition of these Terms of Service.

15. General

Youagree that: (i) the ShareSmart Service shall be deemed solely based in theProvince of British Columbia; (ii) the ShareSmart Service shall be deemed apassive server that does not give rise to personal jurisdiction overShareSmart, either specific or general, in jurisdictions other than theProvince of British Columbia; and (iii) that you agree to subject to thejurisdiction of the Province of British Columbia in the event of any legaldispute. These Terms of Service shall be governed by the internal substantivelaws of the Province of British Columbia, without respect to its conflict oflaws principles. Any claim or dispute between you and ShareSmart that arises inwhole or in part from the ShareSmart Service shall be decided exclusively by acourt of competent jurisdiction located in Vancouver, British Columbia. TheseTerms of Service, together with the Privacy Policy at http://www.sharesmart.ca/#!privacy-policy/io85hand any other legal notices published by ShareSmart, including, but not limitedto an end user license agreement, shall constitute the entire agreement betweenyou and ShareSmart concerning the ShareSmart Service. If any provision of theseTerms of Service is deemed invalid by a court of competent jurisdiction, theinvalidity of such provision shall not affect the validity of the remainingprovisions of these Terms of Service, which shall remain in full force andeffect. No waiver of any term of this these Terms of Service shall be deemed afurther or continuing waiver of such term or any other term, and ShareSmart'sfailure to assert any right or provision under these Terms of Service shall notconstitute a waiver of such right or provision. ShareSmart reserves the rightto amend or modify these Terms of Service at any time, and it is yourresponsibility to review these Terms of Service for any changes. If you do notagree to the revised Terms, your only recourse is to discontinue the use of theShareSmart Service. Your continued use of the ShareSmart Service following anyamendment of these Terms of Service will signify your assent to and acceptanceof its revised terms. YOU AND SHARESMART AGREE THAT ANY CAUSE OF ACTION ARISINGOUT OF OR RELATED TO THE SHARESMART SERVICE MUST COMMENCE WITHIN ONE (1) YEARAFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.


Date Last Modified:

This Terms of Use was last modified August 20th, 2020

 

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