By using any SmarterU Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Master Subscription Agreement” for the complete picture of your legal requirements. By using OttoLearn or any OttoLearn services, you are agreeing to these terms. Be sure to occasionally check back for updates.
If you do not agree to these Terms, you should not access or use the Websites.
In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to the use of the products and services which we market for subscription on our Websites (our “Services”). Those Services are covered by our Master Subscription Agreement found here.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable You to communicate with others (each a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using the Communication Services, You will not:
SmarterU has no obligation to monitor the Communication Services. However, SmarterU reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
SmarterU reserves the right to terminate Your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SmarterU reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SmarterU’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. SmarterU does not control or endorse the content, messages or information found in any Communication Services and, therefore, SmarterU specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services.
If any of the Services requires You to open an account, You must complete the registration process by providing SmarterU with current, complete and accurate information as prompted by the applicable registration form.
You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You entirely responsible for any and all activities that occur under your account. You agree to notify SmarterU immediately of any unauthorized use of your account or any other breach of security.
SmarterU will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without Your knowledge. However, you could be held liable for losses incurred by SmarterU or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SMARTERU AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
SMARTERU AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SMARTERU AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
SMARTERU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL SMARTERU AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
SmarterU does not claim ownership of the materials you provide to SmarterU (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") Your Submission you are granting SmarterU , its affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all SmarterU Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of Your Submission, as provided herein. SmarterU is under no obligation to post or use any Submission you may provide and SmarterU may remove any Submission at any time in its sole discretion.
The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of Your Images.
SOME LINKS WILL LET YOU LEAVE SMARTERU’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SMARTERU AND SMARTERU IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SMARTERU IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SMARTERU OF THE SITE.
SmarterU shall have the right, but not the obligation, to monitor the content of Websites, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SmarterU and to satisfy any law, regulation or authorized government request.
SmarterU shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Websites.
Without limiting the foregoing, SmarterU shall have the right to remove any material that SmarterU, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless SmarterU, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Websites by you.
Either SmarterU or you may terminate this Agreement at any time. Without limiting the foregoing, SmarterU shall have the right to immediately terminate Your Account in the event of any conduct by you which SmarterU, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
This Agreement and any operating rules for Websites established by SmarterU constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the Manitoba, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
SmarterU’s logos are trademarks of Neovation Corporation, All rights reserved. All other trademarks appearing on Websites are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.