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YOUR RIGHTS AND RESPONSIBILITES ARE DETERMINED BY THE
FOLLOWING. IT IS VERY IMPORTANT THAT YOU READ,
UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
You acknowledge having read, understood and you do
agree to the following:
1. General Disclaimers and Limitations
of Liability
(a) Smart Wagering.com attempts to ensure that all information
provided, whether on this website or otherwise, is accurate,
complete and timely. All information provided by Smart Wagering.com
is provided on an "as is" and "as available" basis with no
guarantee of completeness, accuracy, timeliness and without
warranty or representation of any kind, either express or
implied, including, but not limited to, a warranty that the
information provided is fit for any particular purpose. Any
statement(s) of past performance on the website do not predict
or guarantee future performance and are for archival purposes
only. Any reliance upon the information provided by
Smart Wagering.com is solely at the user’s own risk.
(b) Smart Wagering.com shall not be liable for system failures
or interruptions affecting the Smart Wagering.com website, or
any errors or omissions, or for the results obtained from
using this information, which is provided merely for general
information and entertainment. It is acknowledged by the user
of any information provided by Smart Wagering.com that the use
of such information is inherently risky and that no reliance
will be made upon the information provided. In no event shall
Smart Wagering.com, our related partnerships or corporations, or
the partners, directors, officers, agents or employees of
Smart Wagering.com be liable for any decision made or action
taken in reliance upon the information contained on the
website or conveyed to you by Smart Wagering.com, including
but not limited to any direct, indirect, special, incidental,
consequential or punitive damages whatsoever and however
caused, arising out of or in connection with the use of
the information provided or as a result of reliance upon
the information provided, including any lost profits, or
any other pecuniary loss, whether such action is in contract,
tort, statutorily or otherwise, even if advised of the
possibility of such damages.
(c) You agree that any legal action brought by you as against
Smart Wagering.com shall be brought within one (1) year of the
occurrence of the damage, and no later.
(d) In the event that a court does find Smart Wagering.com liable
to you in any way whatsoever, you agree that the extent of
such liability will be limited to an aggregate of two (2)
% of the purchases made by you in the last calendar
year, or $50,000.00 CDN., both including legal fees, whichever
is less.
(e) You agree that these limitations and conditions are an
informed voluntary allocation of responsibility which
constitutes a material aspect of this agreement.
2. Intellectual Property Protection
(a) All of the content of the Smart Wagering.com website, the
design and layout of the website and any material e-mailed
to you or otherwise supplied to you by Smart Wagering.com is
the copyright property of Smart Wagering.com. You may not
reproduce or publicize this information in any way whatsoever
without the prior written permission of Smart Wagering.com.
(b) All of the trademarks and trade names reproduced on the
Smart Wagering.com website are the property of Smart Wagering.com or
used under license. You may not use or reproduce or allow
anyone to use, publicize or reproduce any trade mark(s),
logo(s) or trade name(s) appearing on the Smart Wagering.com
website for any reason whatsoever without the prior written
permission of Smart Wagering.com.
(c) You agree not to infringe, or attempt to, aid or facilitate
the infringement the copyright, trademark or any other
intellectual property right of Smart Wagering.com.
3. Use of Content
(a) You may view, retrieve and display the content of the
Smart Wagering.com website on your personal computer screen or
make a single print-out of the content on paper, but not
make copies thereof, exclusively for your personal,
non-commercial use. Any other use is expressly prohibited
and shall expose you to liability. You are not allowed to
view, retrieve, or display the website on any commercial
network accessible to persons other than you.
(b) You may not reproduce, disseminate, publicize, modify
or in any way commercially or non-commercially exploit any
of the content provided by Smart Wagering.com or allow such
content to be available to others. It is prohibited for
you, without the prior written consent of Smart Wagering.com,
to cause the information provided by Smart Wagering.com to
be reproduced or publicized, in any form whatsoever, or
to be transmitted to any website, newsgroup, listserve,
mailing list, electronic bulletin board, electronic
bulletin or to make the information provided by
Smart Wagering.com available to any other person or
organization, whether in a commercial or non-commercial
capacity, or whether publicly or privately. You also may
not modify or create derivative works of the information
provided by Smart Wagering.com.
4. Licensing of Information
With the exception of the free information provided
by Smart Wagering.com from time-to-time, the information
available for purchase from Smart Wagering.com (the
“Proprietary Information”) is subject to a licensing
fee. All payments for Proprietary Information must be
made by you in advance. The Proprietary Information is
not sold to you, but it is merely licensed to you.
Other than the limited rights granted to you within
these Terms and Conditions, Smart Wagering.com retains
all right, title and interest in and to the contents
of the Smart Wagering.com website and information and
all right to control and limit its use.
5. Term, Termination and Access to Information
Your access to Smart Wagering.com is for no definite set term.
Your access is at the sole discretion of Smart Wagering.com and
such discretion may be exercised unreasonably to terminate
or suspend your access to all or part of the Smart Wagering.com
website with or without cause. These rights of termination
are in addition to all other rights or remedies provided
in these Terms & Conditions or by law. If any violation
of these Terms and Conditions or law is, or is likely to,
on a balance of probabilities, occur, Smart Wagering.com shall
have the right to trace your account, and you agree that
any and all of your computer information and internet
usage shall be made available to Smart Wagering.com, and you
will make best efforts to ensure that your service provider
complies with these terms and consent to the disclosure
of all records in your possession, care and/or control.
6. Site Alteration
Smart Wagering.com reserves the right to modify, add or remove
all or portions of the information or layout of the website
at any time in its sole discretion and/or to restrict the
use and accessibility of the Smart Wagering.com website. The
site is provided on an "as-is", "when available" basis.
7. Registration and Passwords
(a) All persons accessing the Proprietary Information on the
Smart Wagering.com website must be registered with accurate,
valid and complete registration information and immediately
inform Smart Wagering.com of any changes thereto. You acknowledge
that your password and username belong to you and will be used
by one individual only and that you will not share such
information with any other person or organization or make
such information otherwise available to anyone other than
you. You are responsible for ensuring that the information
contained on the website or otherwise conveyed to you
remains confidential and that the use of and access to the
Smart Wagering.com website and information is made in accordance
with these Terms and Conditions.
(b) You agree to immediately notify Smart Wagering.com if you
become aware of any loss, theft, unauthorized use of or
disclosure of any username, password or of any Proprietary
Information or other intellectual property belonging to
Smart Wagering.com.
(c) You acknowledge that Smart Wagering.com may be monitoring
and tracking the use of the Smart Wagering.com website,
including your personal usage and habits.
8. Injunctive Relief
You agree that Smart Wagering.com has a material interest in
preserving its’ Proprietary Information and intellectual
property rights and in controlling the use of the information
upon its’ website and that the restrictions contained in
clauses 2, 3 and 7 above, among others, are reasonably
required for the protection of the rights and property of
Smart Wagering.com. You agree that the violation or attempted
violation of such terms will lead to an irreparable loss
to Smart Wagering.com and that in such an event an injunction
or other like remedy shall be the only effective method to
protect the rights and property of Smart Wagering.com and that
an interim injunction may be granted prior to or upon the
commencement of any suit.
9. Privacy Policy
Smart Wagering.com will make efforts to ensure the privacy
of the information provided you. You acknowledge that
Smart Wagering.com collects and uses personal information
for the purpose of ensuring the efficient functioning
of this website or otherwise. Smart Wagering.com does not
sell personal information.
10. Third Party Content and Advertising
The Smart Wagering.com website may contain advertising and/or
other third party content. Smart Wagering.com is not responsible
for any content, error, omission or inaccuracy in any
third-party or advertising material or the content or
operation of their sites. You agree that, although the
Smart Wagering.com website may contain links to other websites,
that in no way constitutes an endorsement of any site by
Smart Wagering.com and that Smart Wagering.com is not responsible
for the availability or operation of such site or content
and such links are provided on an "as-is" basis with no
guarantee or warranty whatsoever, whether express or
implied. You agree that advertisers, other content providers
and link-sites are solely responsible for the content and
operation of their own websites.
11. Amendment of Terms and Conditions
These Terms and Conditions are subject to change at any
time at the sole arbitrary discretion of Smart Wagering.com.
You shall ensure that you have an up-dated and current
understanding of the Terms and Conditions prior to each
access of Smart Wagering.com and/or any information contained
therein or conveyed to you. Your continued use of the
Smart Wagering.com website after any amendment shall constitute
your acceptance of any amended Terms and Conditions and
shall be of sufficient consideration to ensure your
agreement to such amended terms and conditions.
12. Assignment
This agreement is personal to you, and your rights and
obligations under these Terms and Conditions may not be
assigned, sub-licensed or otherwise transferred to any
other person or organization.
13. Governing Law and Forum
You agree that these Terms and Conditions and all
events and transactions associated with the use of
the Smart Wagering.com website and information conveyed
to you in any manner whatsoever shall be governed by
and construed solely in accordance with the laws of
the Province of Ontario and the laws of Canada
applicable therein and shall be adjudicated within
the forum of Ontario at the City of Toronto. You
agree to waive the benefit of any "long-arm statute"
that may exist in your jurisdiction. For the exclusive,
discretionary benefit of Smart Wagering.com, Smart Wagering.com
reserves the right to bring proceedings in the
jurisdiction of your residence or place of business
or access.
14. Severability
In the event that any provision(s) of these Terms
and Conditions are found to be void, invalid, illegal
or unenforceable by any court, whether in whole or in
part, such finding will not affect the operation of
any other provision of this Agreement and all other
provisions will continue in full force and effect.
This Agreement shall be read down to the most
minimal extent as is necessary.
15. Entire Agreement
These Terms and Conditions constitute the entire
Agreement between you and Smart Wagering.com, with
the exception of amendments made in accordance
with clause 11 above.
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