This Site and the related Services (each of which are defined below) are provided by Smart Risk Investing and/or Maili Wong (together “Smart Risk Investing“, “we“, “us” or “our“). The Site is defined as smartriskinvesting.com, and all related web pages and content made available through the Site. The Services are defined as the content offered by Smart Risk Investing and delivered through the Site that enable users to learn more about Smart Risk Investing, including by viewing videos, reading blog posts and participating in quizzes or other activities (the “Services”).
These Terms and Conditions (the “Terms”) govern your use of the Site and the Services and constitute a legal contract between you and Smart Risk Investing.
YOU AGREE THAT BY ACCESSING OR USING THE SITE OR THE SERVICES IN ANY MANNER OTHER THAN TO REVIEW THESE TERMS, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH SMART RISK INVESTING. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.
Wherever used in these Terms of Service, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
Smart Risk Investing reserves the right to modify, supplement or replace these Terms, effective upon posting the changes on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
These Terms were last updated on February 12, 2016.
1. LIMITED LICENSE
1.1 Subject to your compliance with these Terms, Smart Risk Investing grants you a limited, personal, non-exclusive, non-transferable license to use the Services solely for the purpose of viewing, storing, processing and downloading information for personal use in connection with our products or services.
3. INTELLECTUAL PROPERTY
3.1 Trademarks. Maili Wong is the owner of the Services and all intellectual property rights related to the Site and the Services, except as where expressly indicated otherwise. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by Maili Wong. Without limiting the generality of the forgoing, Smart Risk Investing owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
3.2 Copyright. Further to Section 3.1, copyright © is held by Maili Wong and all rights are reserved. No part of the Site or the Services may be used or reproduced in any manner whatsoever without prior written consent of Maili Wong, except as provided by Canadian copyright law.
3.3 Feedback. If you submit any suggestions, comments or other feedback (“Feedback“) to Smart Risk Investing regarding the Services, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Smart Risk Investing may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
4. THE SERVICES
4.1 No Financial or Professional Advice. The Site and the Services are designed to provide accurate and authoritative information in regard to the subject matter covered. You acknowledge and understand that the content of the Site and the Services is not intended to, and does not, constitute legal, accounting, financial or tax advice. If you wish to obtain personalized financial advice, you will do so by contacting a licensed financial professional in your jurisdiction.
4.2 Views and Opinions. The views expressed on the Site and the Services are the views of their author(s) and do not represent those of their respective employers.
4.3 Permitted Uses. You are responsible for your own conduct when using the Services. You agree that you will only use the Services for lawful purposes and in a manner consistent with these Terms and any applicable rules, policies and guidelines established by Smart Risk Investing in respect of the Services. Misuse or unauthorized use of the Services, or of any information or material available through the Services is strictly prohibited and Smart Risk Investing reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or terminate access by any user who is using, or who Smart Risk Investing reasonably believes is using, the Services in violation of these Terms.
4.4 Prohibited Uses. Without limiting Section 4.1, you agree not to use the Services to: (i) engage in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal or international law or accepted Internet protocol; (ii) infringe upon the copyright of any of the works published on or made accessible on the Site, or otherwise breach the Copyright Act, R.S.C. 1985, c. C-42 or any other applicable law; (iii) attempt to interfere with or gain unauthorized access to the Services or its related systems or networks; (iv) or file, undertake or pursue any claims, proceedings, suits or actions against Smart Risk Investing (including against Maili Wong), its employers, employees or representatives.
5. DISCLAIMER OF WARRANTIES
5.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART RISK INVESTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMART RISK INVESTING EXPRESSLY DISCLAIMS THAT: (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; AND (IV) THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, SMART RISK INVESTING EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO: (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY USER CONTENT OR THIRD PARTY USER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, OR WITH ANYTHING RELATED TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5.
6. LIMITATION OF LIABILITY
6.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART RISK INVESTING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMART RISK INVESTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL INFORMATION; (VI) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (VII) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, OR WITH ANYTHING RELATED TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
6.2 YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THAT THE SERVICES ARE OFFERED AND PROVIDED FREE-OF-CHARGE.
7.1 You agree to defend, indemnify and hold us, our affiliates and licensors, and each of their respective officers, partners, directors, employees and agents, harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services any User Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality.
8.1 Governing Law. You agree that these Terms, and your use of the Services, are governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any contract formed through the use of the Services will be deemed to have been formed and executed within the Province of British Columbia, Canada. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
8.2 Dispute Resolution.
- (a) Means of Resolution. You and Smart Risk Investing agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved through arbitration under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended from time to time. Arbitration will be held in Vancouver, BC, Canada, and conducted in the English language. Notwithstanding the foregoing, you agree that: (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the decision of any arbitrator appointed in accordance with this provision, and (ii) Smart Risk Investing may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
- (b) The arbitration will be administered in accordance with the ADRIC Arbitration Rules (the “ADRIC Rules”) then in effect, except as modified by these Terms. (The ADRIC Rules are available at http://adric.ca/arbrules/ or by calling the ADRIC at 1-877-475-4353.
8.3 Jurisdiction and Venue. If Section 8.2 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in Vancouver, British Columbia, Canada, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
8.4 Assignment. You may not assign any of your rights or obligations under these Terms without our prior written consent. Smart Risk Investing may freely assign our rights and obligations under these Terms, either in part or in full, without notice to you.
8.5 Nature of Relationship. Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between you and Smart Risk Investing.
8.6 Severability. The provisions of these Terms are severable. If any individual provision is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of these Terms, and all other provisions shall remain in full force and effect.
8.8 Waiver. The failure by Smart Risk Investing to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
8.9 Contact. If you wish to contact Smart Risk Investing with any questions, comments or concerns regarding the Services or these Terms, please refer to our Contact page.