Terms and Conditions

Terms and ConditionsTerms and Conditions

Welcome to the SMM Headquarters website located at http://www.smmhq.ca/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and/or use of the Website. By visiting and/or using the Website you agree to be bound by the terms of the present agreement, known as the Terms and Conditions (the “T&C”).

The Website is owned and operated by SMM Headquarters, a sole proprietorship in the province of Ontario, Canada. Where the present T&C refer to “SMM Headquarters”, it may refer to the Website or SMM Headquarters (and/or its officers, directors, employees, agents or representatives) or both, depending on the context.

The T&C were last modified on February 1, 2017. SMM Headquarters reserves the right, at any time and without prior notice, to modify or replace any of the T&C. It is your responsibility to check the T&C periodically for changes. Your use of the Website following the posting of any changes to the T&C constitutes acceptance of those changes.

The T&C should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website and our responsibilities relating to such use.

In these T&C, a Website visitor or user may be referred to as “you”. SMM Headquarters may sometimes be referred to as “we” or “us”.

If you have any questions about the T&C, please contact:

SMM Headquarters, hello ~@~ smmhq.ca

or:

SMM Headquarters, 1882 Lake Shore Blvd E, Toronto, ON M4L 6S8, Canada

General Code of Conduct for Use of the Website

By visiting and/or using the Website, you agree to:

  • Not use the Website in any manner that in any way violates these T&C;
  • Not use the Website in any manner that violates any intellectual property rights of any third party;
  • Not use the Website in any manner that violates any intellectual property rights of any third party
  • Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  • Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  • Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to SMM Headquarters or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of SMM Headquarters or any other third party;
  • Not: (1) take any action that imposes or may impose (as determined by SMM Headquarters in its sole discretion) an unreasonable or disproportionately large load on SMM Headquarters’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures SMM Headquarters may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
  • Use the Website in compliance with all applicable local, state / provincial, national, and international laws.

Financial and Business Information on the Website

You acknowledge that from time to time, SMM Headquarters may include on the Website information of a financial and / or business nature. This financial and / or business information is intended for information purposes only, and is in no way intended to be acted upon by you without consulting a professional financial advisor or business mentor.

Without limiting the generality of the Disclaimer of Warranties found further in these T&C, in no way shall SMM Headquarters shall be liable under any theory of law or equity, for any loss or damage, pecuniary or otherwise, direct or indirect, arising from your use of the financial or business information available on the Website.

External Links

From time to time SMM Headquarters may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these T&C. When you access third party resources on the internet in this manner, you do so at your own risk. SMM Headquarters provides those links as a convenience to you and SMM Headquarters takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit.

SMM Headquarters does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those third parties. Without limiting the generality of the foregoing, we have linked to several digital marketing services, products and/or software sites. While SMM Headquarters acknowledges that generally we would recommend these services and/or software, we make absolutely no claim or warranty that they are appropriate for your particular business or use. Specific recommendations for your use of these services and /or software may be made after you contract SMM Headquarters’ services or sign up for one of our monthly plans.

In no way will SMM Headquarters be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to SMM Headquarters, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of SMM Headquarters, or as permitted by the functionality of the Website, or as authorized by the applicable creative licenses. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and SMM Headquarters may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

You may choose to communicate to SMM Headquarters comments or suggestions for improvements to the Website (collectively, “Feedback”). SMM Headquarters shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to SMM Headquarters, its successors and assigns and waive all you moral rights in the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) SMM Headquarters is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) SMM Headquarters shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) SMM Headquarters may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation for the Feedback or reimbursement of any kind from SMM Headquarters under any circumstances.

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, SMM Headquarters shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

Termination of the Website

You agree that SMM Headquarters, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if SMM Headquarters believes that you have acted inconsistently with the letter or spirit of the T&C.

SMM Headquarters may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that SMM Headquarters shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from SMM Headquarters’s termination of the Website or any part thereof.

All provisions of these T&C which by their nature should survive termination, shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website, the information thereon (whether provided by SMM Headquarters or third parties), or any activity arising from the use of the Website or the information thereon is at your sole risk. The Website, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or damages (financial or otherwise) resulting from your use of the Website, the information thereon, or any activity arising from the use of the Website or the information thereon.

The information or resources provided through the Website, written or produced by SMM Headquarters staff, freelance writers or other subcontractors (whether paid or voluntary) are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and SMM Headquarters shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.

SMM Headquarters expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. SMM Headquarters, and its directors, employees, agents, suppliers, partners and subcontractors (whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements.

Limitation Of Liability

You expressly understand and agree that SMM Headquarters and/or its partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, your submission of any information (including Personal Information) to the Website, or any third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by SMM Headquarters, its affiliates, business partners, agents or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Indemnity

Notwithstanding any other term of the T&C or any act or failure to act by SMM Headquarters or its agents or subcontractors (whether paid or voluntary), you agree to indemnify, defend and hold harmless SMM Headquarters and its officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information or products thereon; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the T&C; or (iv) your violation of any rights of a third party.

Governing Laws and Jurisdiction

Use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and SMM Headquarters shall be brought exclusively in the courts located in the judicial district of Toronto, Ontario, Canada.

Other Provisions

The T&C, in conjunction with the Privacy Policy, constitute the entire agreement between you and SMM Headquarters with respect to your use of the Website, superseding any prior agreements between you and SMM Headquarters.

SMM Headquarters shall not be liable for any failure to perform its obligations under the present T&C where such failure results from any cause beyond SMM Headquarters’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
If any provision of the T&C or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C or Privacy Policy, as the case may be, shall remain in full force and effect.

The parties acknowledge having expressly required that the T&C and the Privacy Policy are to be drawn up in the English language. In case of discrepancy between the English and any other language version of the T&C or the Privacy Policy, you agree that the English language version shall be the controlling version.

The section titles in the T&C and Privacy Policy are for convenience only and have no legal or contractual effect.

T&C Last Edited on 2017-02-01