This SmarterU® Master Subscription Agreement (this “Agreement”) governs your access to and use of SmarterU’s (SmarterU Enterprise LMS, a division of Neovation Corporation) online learning service and all associated productions, applications, or services (collectively, the “Service”).
This Agreement is intended to explain our obligations as a service provider and your obligations as a subscriber. Please read them carefully and be sure to occasionally check back for updates.
This Agreement is binding on any use of the Service and apply to you from the time that SmarterU provides you with access to the Service.
By registering to use the Service, you acknowledge that you have read and understood this Agreement and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to this Agreement on behalf of any entity for whom you use the Service. You may not use the Service if you do not agree to the terms of this Agreement.
In this Agreement, you are referred to as “Subscriber”, “you” or “your”. If you are agreeing to this Agreement not as an individual but on behalf of a company, then “Subscriber”, “you” or “your” means your company and you are binding your company to this Agreement.
SmarterU reserves the right to change this Agreement at any time, effective upon the posting of a modified Agreement, and SmarterU will communicate these changes to you via email or notification via the Website. It is likely the Agreement will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent Agreement available on the Website
means this Master Subscription Agreement.
means the monthly or annual fee (excluding any taxes and duties) payable by you in accordance with the Fee Schedule.
includes all information exchanged between the parties in connection with this Agreement, whether in writing, electronically, or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
means the Fee Schedule included in your proposal.
"Intellectual Property Rights"
means any patent, trademark, service mark, copyright, moral right, right in a design, know-how, and any other intellectual or industrial property rights anywhere in the world, whether or not registered.
means an employee, subcontractor or agent of the Subscriber that uses the Service with the authorization of the Subscriber from time to time.
means personal information as that term is defined in the Personal Information Protection and Electronic Documents Act (Canada) and any other applicable federal or provincial legislation regarding the protection of personal information or privacy.
means an incident involving a breach in the security of the Subscriber Data. A Security Breach includes but is not limited to: (a) notice from any governmental authority or other party alleging that SmarterU has failed to comply with applicable privacy laws in connection with the performance of this Agreement; and (b) unauthorized use, disclosure, loss of, or inability to account for the Subscriber Data.
"Subscriber Data" or "Data"
means any data inputted by you or with your authority into the Service.
means any website set up and maintained by SmarterU from time to time and includes https://www.smarteru.com/.
SmarterU grants you the right to access and use the Service with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that:
SmarterU grants you the right to access and use the Service with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any other applicable laws: