Terms of Service

1. Your Acceptance

This is an agreement between Think Tank Innovations Ltd., a Province of British Columbia corporation (“ShareSmart"),the owner and operator of www.sharesmart.ca and www.sharesmart.io (the “ShareSmart Site”), the ShareSmart software, including ShareSmart Messenger (collectively, including all content provided by ShareSmart through ShareSmart Messenger and the ShareSmart Site,the "ShareSmart Service",or the "Service"), and you(“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND SHARESMART'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.sharesmart.ca/#!privacy-policy/io85hAND WHICH ARE INCORPORATED HEREIN BY REFERENCE AND FORMS AN INTEGRAL PART HEREOF. If you choose to not agree with any of these terms, you may not use the Service.

2. ShareSmart Service

These Terms of Service apply to all users of the ShareSmart Service. Information provided by our users through the ShareSmart Service may contain content that is not owned or controlled by ShareSmart. ShareSmart has no control over, and assumes no responsibility and liability for, the content,privacy policies, or practices 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 Party Materials. By using the Service, you expressly acknowledge and agree that ShareSmart shall not be responsible for any damages, claims or other liability arising from or related to your use of any Third Party Materials.

3. ShareSmart Access.

A. Subject to your compliance with these Terms of Service,ShareSmart hereby grants you permission to use the Service, provided that: (i)your use of the Service as permitted is solely for your personal or professional use, asapplicable, and you are not permitted to resell or charge others for use of oraccess to the Service, or in any other manner inconsistent with these Terms ofService; (ii) you will not duplicate, transfer, give access to, copy ordistribute any part of the Service in any medium without ShareSmart's priorwritten authorization; (iii) you will not attempt to reverse engineer, alter ormodify any part of the Service; and (iv) you will otherwise comply with theterms and conditions of these Terms of Service and Privacy Policy.B. In order to access and use the features of the Service, youacknowledge and agree that you will have to provide ShareSmart with your mobilephone number and such other personal and professional information as requested.You expressly 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 phone numbersin order to provide and use the Service. We may collect names, addresses oremail addresses. You are solely responsible for the status messages that yousubmit and that are displayed for your mobile phone number on the ShareSmartService. You must notify ShareSmart immediately of any breach of security orunauthorizeduse of your mobile phone. Although ShareSmart will not be liablefor your losses caused by any unauthorized use of your account, you may beliable for the osses of ShareSmart or others due to such unauthorized use.C. You agree not to use or launch any automated system,including without limitation, "robots," "spiders,""offline readers," etc. or "load testers" such as wget,apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey,etc., that accesses the Service in a manner that sends more request messages tothe ShareSmart 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 enginespermission to use spiders to copy materials from the website for the solepurpose of creating publicly available searchable indices of the materials, butnot caches or archives of such materials. ShareSmart reserves the right torevoke these exceptions either generally or in specific cases. While we don'tdisallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general,we do disallow any efforts to reverse-engineer our system, our protocols, orexplore outside the boundaries of the normal requests made by ShareSmartclients We have to disallow using request modification tools such as fiddleror whisker, o the like or any other such tools activities that are meant toexplore or harm, penetrate or test the site. You must secure our permissionbefore you measure, test, health check or otherwise monitor any networkequipment, servers or assets hosted on our domain. You agree not to collect orharvest any personally identifiable information, including phone numbers, emailaddresses, and mailing addresses, from the Service, nor to use thecommunication systems provided by the Service for any commercial solicitationor spam purposes. You agre not to spam, or solicit for commercial purposes,any users of the Service.

4. Itellectual Property Rights

The design of the ShareSmart Service along with ShareSmart created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"),are owned by or licensed to ShareSmart, subject to copyright and or the intellectual property rights under Canada and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. ShareSmart reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use,copying, or distribution of Status Submissions of third parties obtainedthrough the Service for any commercial 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 the automatic submission of your “last seen” status (collectively, the"Status Submissions").These Status Submissions may be hosted, shared, and/or published as part of the ShareSmart Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other ShareSmart users will only be viewable by those ShareSmart user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by ShareSmart users that have your mobile phone number on their smartphone, unless the user is blocked by you. Currently,we have no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number, so do not submit or post status messages or profile photos that you do not want to be seen globally. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, ShareSmart does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because ShareSmart is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of ShareSmart, and ShareSmart makes no guarantees as to the validity, accuracy or legal status of any status.In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ShareSmart to use all patent, trademark, trade secret,copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place.However, by submitting the Status Submissions 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 the Status Submissions in connection with the ShareSmart Service and ShareSmart's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ShareSmart Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the ShareSmart Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from 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 otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ShareSmart all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ShareSmart or any third-party; (iii)submit material that is unlawful, obscene, defamatory, libelous, threatening,harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability,violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. ShareSmart does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and ShareSmart expressly disclaims any and all liability in connection with Status Submissions. ShareSmart does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and ShareSmart will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification,please send a written communication that includes substantially the following:(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number or contact information of the ShareSmart user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent,or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such take down notices may be emailed to support at ShareSmart.ca. ShareSmart reserves the right to remove content and Status Submissions without prior notice. ShareSmart may also terminate a user's access to the Service, if they are determined to be a repeat infringe, or for any or no reason,. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. ShareSmart alsoreserves the right to decide whether content or a Status Submission isappropriate and complies with these Terms of Service for violations other thancopyright infringement and violations of intellectual property law, such as,but not limited to excessive length or limited interest. ShareSmart may removesuch Status Submissions and/or terminate a User's access for uploading suchmaterial in violation of these Terms of Service at any time, without priornotice and at its sole discretion.

E. You understand that when using the ShareSmart Service youwill be exposed to Status Submissions from a variety of sources, and thatShareSmart is not responsible for the accuracy, usefulness, safety, orintellectual property rights of or relating to such Status Submissions, andthat such Status Submissions are not the responsibility of ShareSmart. Youfurther understand and acknowledge that you may be exposed to Status Submissionsthat are inaccurate, offensive, indecent, or objectionable, and you agree towaive, and hereby do waive, any legal or equitable rights or remedies you haveor may have against ShareSmart with respect thereto, and agree to indemnify andhold ShareSmart, 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 Servicefo purposes only.ShareSmart reserves the right to discontinue any aspect of the ShareSmartService at any time.

6. Warranty Disclaimer

TSARESART SERVICES ARE PROVIDED TO YOU ON AN AS-IS BASIS. YOUAGREE THAT YOUR USE OF THE SHARESMART SERVICE SHALL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, SHARESMART, ITS OFFICERS, DIRECTORS,EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SHARESMART MAKES NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENTAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONALINFORMATION ND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONOR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICETHROUGH THE ACTIONS OF ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSINANY CONTNT OR OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLEVIA THE SHARESMART SERVICE. SHARESMART DOES NOT WARRANT, ENDORSE, GUARANTEE, ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTYTHROUGH THE SHARESMART SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANYUSER STATUS SUBMISSION OR OTHER ADVERTISING, AND SHARESMART WILL NOT BE A PARTYTO OR IN ANY WAYE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE . Except where expressly stated, ShareSmart makes norepresentations about the currency, accuracy, suitability or reliability of anycontent and functionality including without limitation any data, information,material, images (moving and still), sound, graphics, software, hyperlinks,logos and trademarks, services and any other material contained in, provided asa result of or in connection with your use of the ShareSmart Service (“Material”). The Material is provided"as is" and without warranties of any kind, either express or impliedincluding without limitation implied warranties of merchantability and fitnessfor any particular purpose.Any Material made available through the ShareSmart Servicewhether it be on the ShareSmart Site, as an email, or any other transmission isproided as general information only and should not be relied upon in place ofprofessional or expert advice.ShareSmart, including our employees, officers, agents andcontractors and their employees, officers, partners, agents and contractors donot warrant that the function of, or access to, the ShareSmart Service will beuninterrupted or error free, that any defects will be corrected or that any ShareSmart server which stores and transmits any Material will be free of virusesor any other harmful components. We accept no responsibility for or liabilityinrespect of such interruption, errors, defects, viruses or harmfulcomponents.You as the user will assume the entire cost of any verification,repair, maintenance or correction of any relevant content which is required.

7. Limitation of Liability

IN NO EVENT SHALL SHARESMART, ITS OFFICERS, DIRECTORS,EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SHARESMART SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SHARESMART’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SHARESMART’S SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH SHARESMART’S SERVICE BY ANY THIRD-PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,OR OTHERWISE MADE AVAILABLE VIA THE SHARESMART SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHARESMART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT SHARESMART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.The Service is controlled and offered by ShareSmart from its facilities in Canada. ShareSmart makes no representations that the ShareSmart Service is appropriate or available for use in other locations. Those who access or use the ShareSmart Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless ShareSmart, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,and expenses (including but not limited to attorney's fees) arising from: (i)your use of and access to the ShareSmart Service; (ii) your violation of any term of these 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 Service and your use of the ShareSmart Service. 9. Ability to Accept Terms of Service You affirm 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 competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case,you affirm that you are at least 16 years old as the ShareSmart Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the ShareSmart Service. ShareSmart is the developer of the Service,info at ShareSmart.ca.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShareSmart without restriction.

11. Security

As a registered user of the Website, you will receive or establish an account which may include login details such as username and password ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone or use anyone else's Account.You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security. ShareSmart shall not jointly or severally be responsible for any losses arising out of the unauthorized use of your Account.You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify any software used or provided in or in connection with the Content or the Website (“Software”) in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Website.

12. Information Manager Agreement:

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

(a)  The userretains the sole responsibility and duty to:

(i) protect collected information;
(ii) abide by the Health Information Act and/or similar legislation governing health information;and
(iii) ThinkTank shall not at any time have access to readable/unencrypted information collected, stored or shared by any user.

(b)  The ShareSmart as an information manager (the“Information Manager”) is not permitted to collect health information from any other custodian or from a person,
(c)  The Information Manager may not use health information provided to it by the user,(d)  Information Manager may not disclose health information provided to it by the user,(e)  The Information Manager shall respond to access requests within approximately 14 days upon verification of the user and request. Upon request, Think Tank may defer the request to the specific user as Think Tank does not have access to readable health information that is collected, stored and shared by users.
(f)   The Information Manager is not to respond to requests to amend or correct health information.
(g)  Health information provided to the Information Manager is to be protected, managed, returned or destroyed in accordance with applicable laws.
(h)  This agreement may be terminated immediately upon the user uninstalling the ShareSmart Services. By uninstalling the ShareSmart Services, this agreement shall be deemed to be effective for the period of time the user utilized any of the features of the ShareSmart Services including, but not limited to, having the ShareSmart Services installed on their mobile device and continued use of cloud storage provided by ShareSmart. 

13. Termination

ShareSmart may, in its sole discretion, suspend, restrict or terminate your use of the ShareSmart Service effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or ShartSmart’s or 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 or misuse of the Service, or you have been or are in breach of any term or condition of this agreement

14. General

You agree that: (i) the ShareSmart Service shall be deemed solely based in the Province of British Columbia; (ii) the ShareSmart Service shall be deemed a passive server that does not give rise to personal jurisdiction over ShareSmart, either specific or general, in jurisdictions other than the Province of British Columbia; and (iii) that you agree to subject to the jurisdiction of the Province of British Columbia in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and ShareSmart that arises in whole or in part from the ShareSmart Service shall be decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia. These Terms 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 limited to an end user license agreement, shall constitute the entire agreement between you and ShareSmart concerning the ShareSmart Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ShareSmart's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ShareSmart reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the ShareSmart Service. Your continued use of the ShareSmart Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SHARESMART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHARESMART SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Date Last Modified:This Terms of Use was last modified January 28, 2020 

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