Terms Of Use
By using this website, you agree to the following terms of use.
Introduction
The following terms and conditions (the “Terms of Use”) are the Terms of Use for our website: www.sheactivate.com (the “Site”) made available by Sheactivate Capital Ltd. (“Sheactivate”, “we”, “us” or “our”).
The contents of the Site include, without limitation, any User Submissions (defined below), videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by us or our partners on or through the Service.
These Terms of Use constitute a legally binding agreement between you and Sheactivate regarding your use of and access to the Site. You acknowledge and agree that we may, in our sole discretion, change, improve and/or correct any functionality or Contents of the Site and to suspend and/or deny access to the Site for any reason, without any obligation and without any notice.
These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise agreed to in writing.. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
By using this Site, you represent and warrant that you are at least the age of majority in your province , territory or country of residence, or in any event, at least eighteen (18) years of age
Acceptance of Terms
The services that we provide, including, without limitation, investors support solutions, advisory services, white papers, teaching materials, and articles, will be referred to either individually as a “Service” or collectively as the “Service”.
The Service is offered subject to acceptance without modification of all the terms of these Terms of Use, including the Privacy Policy and any document incorporated by reference. Policies published by us from time to time or additional terms are incorporated by reference. Such policies and terms may be updated from time to time by service providers, or by us in accordance with the Modification of Terms of Use section.
We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Use
We reserve the right, at our sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.
We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Acceptable Use
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Service.
Registration
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with us. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.
We reserve the right to refuse registration of or cancel a user account and domain in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that we shall 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, goods or services available on or through any such website or resource.
Content and License
You agree that the Service contains Content specifically provided by us or our partners and that such Content may be protected by copyrights, trademarks, patents, trade secrets or other proprietary rights and laws in Canada and elsewhere. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Third Party Intellectual Property — Copyright Notifications
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. We will remove infringing materials in accordance with the applicable laws if properly notified that Content infringes copyright. You must provide a written communication to the attention of “Copyright “at contact@sheactivate.com.
Intellectual Property Rights — Funding application & User Submissions
The Service provides you with the ability to upload your Content to the Site. You represent and warrant that you have all necessary rights and licenses to submit and upload such Content to the Site, and to make it available in connection with the Service. We will not have any ownership rights in Content submitted by you. However, we need the following license to perform the Service. You hereby grant to us the worldwide, non-exclusive, royalty-free, right to publish and host the Content that you submit in connection with the Service.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post Content to the Site (collectively, the “User Submissions”). As a user, you represent and warrant that you have all necessary rights and licenses to submit and upload such User Submissions to the Site, and to make it available in connection with the Service. We will not have any ownership rights in such User Submissions. However, we need the following license to perform the Service. You hereby grant to us the worldwide, non-exclusive, royalty-free, right to publish and host such User Submissions that you submit in connection with the Service.
We do not endorse and have no control over any Content or User Submission. We cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
We do not guarantee that any Content or User Submissions will be made available on the Site or through the Service. We have no obligation to monitor the Site, Service, Content, or User Submissions. However, we reserve the right to (i) remove, edit or modify any Content or User Submissions in our sole discretion, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
Termination
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release us from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
In no event will Sheactivate , its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Certain links in this site connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SHEACTIVATE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless Sheactivate, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL SHEACTIVATE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) OR ONE-HUNDRED CDN DOLLARS ($100.00). SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Electronic Signatures
At certain times during your use of the Service, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. You may also be asked to employ an S-Signature – a set of alphanumeric and/or non-alphanumeric characters of your own choosing, inserted between forward slash marks – to complete certain acknowledgements, agreements and/or instructions.
In each such instance, you agree that your clicking on the appropriate box, tab, or other link, or your use of an S-Signature, constitutes an electronic signature for the purposes of your use of the Service. The electronic record thereof will be considered conclusive evidence of you having accepted, declined, or otherwise acknowledged such matter
Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices“) electronically. We may provide such electronic Contract Notices by posting them on the Site.
If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site and Services.
Governing Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You agree that Sodiex (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over Sodiex or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Province of Ontario, Canada.
You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the provincial courts located in Toronto, Ontario or federal courts located in Ottawa, Ontario and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Integration and Severability
The Terms of Use are the entire agreement between you and us with respect to the Service and use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
The Terms of Use are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.