Terms and conditions

This Website is controlled, operated and administered by Business Guru Inc Inc. dba as SMB-Acuity (“SMB-Acuity”) from within the Province of Ontario, Canada.

By accessing and using this website and the content on the website (collectively, the “Website”), you are agreeing to these terms and conditions of use (“Terms of Use”) and any other notices, guidelines and rules published by SMB-Acuity on this Website from time to time and incorporated into and made a part of these Terms of Use, and all applicable laws and regulations governing the Website. You also agree to SMB-Acuity’s use, sharing and disclosure of any personal information that you supply in connection with this Website, for the purposes and in the circumstances described in our Privacy Policy and any notices in connection with specific events, products and services.

SMB-Acuity may, without notice to or input from you, modify part or all of these Terms of Use or the Website at any time including, but not limited to, the content, hours of availability and equipment needed for access or use. The date on which the Terms of Use were last changed is posted at the top of the page. If any change is not acceptable to you, discontinue your use of this Website immediately, as your continued use of this Website after any change is made constitutes acceptance of that change. These Terms of Use apply exclusively to your use of this Website.

1. USE OF THE WEBSITE

SMB-Acuity grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print, download and use the Website solely for your own personal or internal company use. No other use is permitted. For greater clarity, you are not permitted to use this Website for any commercial purpose. Without limiting the restrictions on your use of the Website set out above, you may not use the Website to infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Website, post or otherwise distribute any inaccurate, distasteful, harmful, offensive, infringing or otherwise unlawful or objectionable material, obtain unauthorized access to or interfere with SMB-Acuity’s electronic information systems, or otherwise breach applicable laws or regulations. It is prohibited to access the Website from locations where its content is illegal and users who choose to access the Website from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws.

2. WEBSITE POSTINGS

From time to time, this Website may host postings from SMB-Acuity, contributors, advertisers and experts and other resources that include but not limited to profiles, spotlights, advertising, articles, events, and any form of content (Postings). The postings are governed by these Terms of Use. Without limiting these Terms of Use and for greater certainty, with limited exceptions, the information posted on appears “as is”, which means that SMB-Acuity does not verify the information and as such, does not guarantee its accuracy, integrity, quality, originality or appropriateness. However, SMB-Acuity reserves the right to communicate with you regarding your use of a Posting and without notice or consultation with you and for any reason it deems appropriate, to remove or block access to information you contribute on any Posting. Further, by contributing information to a Posting, users are granting SMB-Acuity the right to use, copy, transmit, publicly display, reproduce, translate, reformat, edit and distribute such information. Any information that is posted that contains personal information will be used in accordance with SMB-Acuity’s privacy policy.

The views expressed on a Posting will not necessarily reflect the views of SMB-Acuity. You are solely responsible for any information that you contribute or submit SMB-Acuity to post on a Posting and take full responsibility and liability for any claims or damages arising out of or in connection with that information.

By using a Posting, you acknowledge and agree that you may be exposed to information that is objectionable and offensive to you.

Without limiting section 4 below, under no circumstances will SMB-Acuity be liable in any way for any information on a Posting, including without limitation, for any errors or omissions or for any loss or damage of any kind incurred as a result of the posting, use of or reliance on any such information.

3. INTELLECTUAL PROPERTY

SMB-Acuity either owns the intellectual property rights in and to the Website (including, without limitation, the underlying HTML, text, trademarks, logos, designs, photos, product names and other content), or has obtained the permission of the owner of the pertinent intellectual property for its use in connection with the Website. SMB-Acuity reserves all rights that are not specifically granted under these Terms of Use. For permission to reproduce any portion of this Website, or to make suggestions for Website improvements, please email SMB-Acuity at webmaster@SMB-Acuity.com.

4. DISCLAIMER

The Website is provided “as is” and “as available”. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for your use of the Website, including any statements or communications you make through the Website. The Website is not guaranteed to be error-free or uninterrupted and SMB-Acuity assumes no responsibility and provides no warranties, representations, guarantees, promises or conditions (express, implied or statutory) with respect to among other attributes, the quality, accuracy, reliability, currency, truth, integrity, merchantability, merchantable quality, fitness for a particular purpose, non-infringement, or continued availability of the Website.

The Website or third parties may provide, links to other websites or resources. SMB-Acuity has no control over such sites and resources and by using this Website, you acknowledge and agree that SMB-Acuity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, materials, products or services or other materials that are on or available from such sites or resources. You further acknowledge and agree that SMB-Acuity will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, materials, goods or services available on or through any such external site or resource. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to protect yourself against viruses and other destructive elements.

5. LIMITATION OF LIABILITY

SMB-Acuity shall not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever including, without limitation, damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, or for direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising, even if SMB-Acuity has been notified of the possibility of such damage or loss or if such damage or loss was foreseeable.

6. RELEASE, INDEMNIFICATION

By using this Website, you are releasing and waiving any and all claims against SMB-Acuity arising from or in connection with your use of this Website. You agree to indemnify the SMB-Acuity and hold SMB-Acuity harmless (you will not sue or take other action against the SMB-Acuity in connection with claims brought by someone other than you in connection with the Website or your use of the Website) from and against any and all losses, damages, liability and costs, including reasonable legal fees, resulting directly or indirectly from any claim or demand against SMB-Acuity arising out of or related to the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person.

7. TERMINATION AND SUSPENSION

SMB-Acuity may involve and co–operate with law enforcement authorities in prosecuting users of the Website who use it in connection with fraudulent, abusive or illegal activity. SMB-Acuity may suspend or terminate your access to the Website if your conduct violates these Terms of Use.

8. ENTIRE AGREEMENT

These Terms of Use (as they may be updated from time to time) constitute the entire agreement between you and SMB-Acuity regarding the matters they contained and supersede all other communications, representations or agreements, either oral or written, between you and SMB-Acuity with respect to these matters.

9. WAIVER AND SEVERABILITY OF TERMS

The failure of SMB-Acuity to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is found by a court with authority in British Columbia to be invalid or unenforceable, then you and SMB-Acuity agree that the court should nevertheless, endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. SMB-Acuity’s failure to insist upon or enforce strict performance by you of any provision of these Terms and Conditions and any of its rights under these Terms and Conditions will not be construed as a waiver of any such provision or right.

10. GOVERNING LAW

These Terms of Use will be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario (other than any conflict of laws rules that would result in the choice of the laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of British Columbia in regard to any matter arising out of or in connection with these Terms of Use and the Website, including without limitation, your use of the Website.