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We Help You Market Your Business Online... so you can focus on doing what you love
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Please read this Privacy Policy carefully before using this website.
Privacy Policy Consent
The website and its content is owned by STRATEGIC ACUMEN INC. (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our websites (“Website”).
This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.
Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy at any time without notice.
Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.
Information We May Collect
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the amount of information necessary for us to fulfill our obligation to you. We may collect:
A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation. A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question. Information from you from a co-branded offer. In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.
Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at help@strategicacumen.net
If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.
Other Information We May Collect:
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Use of “Cookies”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.
What We Do With Information We Collect
Contact You
We may contact you with information that you provide to us based on these lawful grounds for processing:
We may contact you if you give us your clear, unambiguous, affirmative consent to contact you. We will contact you under our contractual obligation to deliver goods or services you purchase from us. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails related to the content of that webinar. You will always have the option to opt out of any of our emails.
Process Payments
We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.
Targeted Social Media Advertisements
We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.
Share with Third Parties
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.
Viewing by Others
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).
Submission, Storage, Sharing and Transferring of Personal Data
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).
It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.
Data Retention
We retain your Personal Data for the amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.
Confidentiality
We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.
Passwords
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
How You Can Access, Update or Delete Your Personal Data
You have the right to:
Request information about how your Personal Data is being used and request a copy of what Personal Data we use. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”). Withdraw your consent at any time to the processing of your Personal Data. Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully. Receive Personal Data portability and transference to another controller without our hinderance. Object to our use of your Personal Data. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.
Unsubscribe
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at help@strategicacumen.net.
Security
We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.
Anti-Spam Policy
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
Third Party Websites
We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.
Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.
Notification of Changes
We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.
Data Controller and Processors
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
If you have any questions about this Privacy Policy, please contact us at: help@strategicacumen.net.
WEBSITE GENERAL TERMS OF USE (the “Terms of Use”)
Strategic Acumen Inc. (Strategic Acumen, “we”, “us”, “our”, or “ours”) welcomes you to our websites and any sub-sites thereof (the “Website”). This is an agreement between you and Strategic Acumen and governs your use of the Website and the content thereof. You understand, agree, and acknowledge that these Terms of Use constitutes a legally binding agreement between you and Strategic Acumen and that your use of the Website shall indicate your conclusive and irrefutable acceptance of these Terms of Use and you expressly consent to Strategic Acumen that you and any legal person you represent (collectively referred to as the “Customer”, “you”, “your” or “yours”), without limitation or qualification, to abide by and to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any legal person you purport to represent. You are responsible for ensuring that all persons who access our Website through your Internet connection are aware of these Terms of Use and that they comply with them. Strategic Acumen reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. Updated Terms of Use will be posted on the Website and shall be effective immediately. You are responsible to view these Terms of Use prior to use of our Website. Continued use of the Website after any updates constitutes your consent to all changes. Additional terms and conditions apply to you for certain services. Use of those services require you to agree to specific terms and conditions prior to use.
Copyright and Trademark Information
Copyright in content, materials and graphical elements on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof (the “Content”), are owned by Strategic Acumen or third parties from whom Strategic Acumen has licensed such content (the “Holders”). The reproduction and redistribution of any Content is prohibited except with written permission from the Holders. However, you are granted permission to access and use the Content for the sole purpose of preparing, evaluating, and purchasing Strategic Acumen services through the Website. The Strategic Acumen logo and tag line are trademarks or service marks of the Holders. You may not use them without the written permission of the Holders. To make a request for permission and/or further information about how to obtain permission please contact: help@strategicacumen.net
Third-Party Materials
Some of the information on the Website has been provided by external sources. Strategic Acumen is not responsible for the accuracy, reliability, and/or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Furthermore, you acknowledge and agree that some of the materials and graphical elements found on the Website are subject to copyright held by third parties. In such cases, some different restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the right holders prior to reproducing the materials. To obtain information concerning copyright ownership on the Website, please contact: help@strategicacumen.net
External Hyperlinks
There may be websites linked to and from the Website that are operated and/or created by or for organizations other than Strategic Acumen. You understand that Strategic Acumen does not operate or control these websites nor their content and that links to such websites are provided for your convenience only. You acknowledge that Strategic Acumen is not responsible and has no control over the content located on those third-party websites. Your use of those third-party websites may be subject to terms of use and privacy policies. You should review those terms of use and privacy policies of those third-party websites before usage. Those organizations are solely responsible for the operation and information (including the right to display such information) found on their respective websites. The linking to or from the Website does not imply, on the part of Strategic Acumen, any endorsement or guarantee of any of the organizations or of the information (including the right to display such information) found on their respective websites. You agree that Strategic Acumen does not assume any liability whatsoever for the linking to any of these linked websites, the operation or content (including the right to display such information) of any of the linked websites, nor for any of the information, interpretation, comments, and/or opinions expressed in any of the linked websites. Any comments or inquiries regarding the linked websites are to be directed to the particular organization for whom the particular website is being operated.
Privacy Notice
At Strategic Acumen we are committed to protecting your privacy, and support a policy of openness about how we collect, use, and disclose your personal information. This page summarizes the privacy policy and practices on the Website. Strategic Acumen records and monitors emails and, if applicable, support calls, in order to enhance the professionalism and the provision of service quality of our staff, but Strategic Acumen will not share the information unless required to do so by law. Otherwise, Strategic Acumen does not automatically gather any specific personal information from you, unless required in order to deliver services to you, respond to inquiries, or for legal reasons. We obtain this type of information if you supply it by sending us an e-mail, register for any of our services, leave comments in our blog, or communicate with us via telephone, email, IM chats, and/or our forum. Strategic Acumen employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our Website, the date and time of the visit, the pages visited, the operating system of your computer, and the specific program used by you. We make no attempt to link the information with the identity of individuals visiting our Website unless an attempt to damage the Website has been detected. Strategic Acumen uses cookies when you login to a secure portion of the Website. The purpose for the cookie is for convenience, (i.e., so that you do not have to re-enter your login information every time you proceed to a different page within the secure part of the Website). Strategic Acumen will not collect any specific and identifiable personal information from your computer. There may be a few other times when cookies are in use. If cookies are in use at any other time and you have your cookies notification option activated on your browser the system will notify you before any cookies are used so that you may refuse them. For a detailed review of our Privacy Policy, please go to: www.strategicacumen.net/privacy.
Use of the Website
You warrant to Strategic Acumen that:
you will not use the Website and any Content thereof;
for any unlawful or prohibited purpose including, but not limited to for purposes that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious, fraudulent, illegal, and/or immoral.
use the Website for impersonation, misrepresentation, fraudulent statements, and/or the display or distribution of immoral works, and/or illegal works.
to reverse engineer, decompile, translate, disassemble, rent, lease, assign, transfer or redistribute any Content to any other person and/or legal entity;
for any objectionable purposes;
in any manner whatsoever which may cause the Website and the services, to become disabled, damaged, overloaded, or impaired or interfere other visitors’ use and enjoyment of the Website and/or the service;
to obtain or attempt to obtain any materials or information from the Website and the services through any means not intentionally made available or provided for through the Website and/or the services.
to monitor or copy the Website the Content thereof and any services offered therein through any robot, spider, other automatic devices, or manual processes except as specifically permitted in these Terms of Use.
you warrant that you will only use the Website and the Content thereof:
according to the terms and conditions set out in these Terms of Use, any other agreement and terms and conditions that Searchie and you may have entered in to for the services, and any other applicable federal, provincial, territorial, national, or international laws.
You warrant and represent that you have all necessary right to provide your content and that it does not violate the intellectual property rights or any other rights (such as privacy rights) of any third party.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. Therefore, you grant us an unlimited, worldwide, royalty-free, sublicensable, and non-exclusive license (including the assignment of your moral rights) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any of your supplied content in connection with your use of our Website and/or services.
Strategic Acumen assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Strategic Acumen also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading any materials data text or images from the Website.
Your Account, Password and Security
In order to utilize any service on the Website you must first complete our registration process where you will provide us, if applicable, with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you are using the Website and/or any services offered therein. You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of these Terms of Use. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of t these Terms of Use and any action undertaken by us to enforce these Terms of Use. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Searchie will not be liable for any loss or damage arising from your failure to comply with this section. You also agree not to provide your account access to any party other than representatives of your corporation who have been provided access by the system administrator. It is strictly prohibited to provide access to Your Account to any person representing or associated with any organization that provides similar or related services to Strategic Acumen. Please note that any breach of this clause is deemed a material breach of these Terms of Use and Strategic Acumen may terminate these Terms of Use and any other agreements you and Strategic Acumen have entered in to without prior notice.
Notice
We may provide communications and notices to you by means of a general notice on the Website or by email to the address on record in Your Account. Such notice shall be deemed effective within twelve (12) hours of transmission by email or immediately by notice on the Website. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Website and/or services. You may provide notice to us by sending an e-mail to help@strategicacumen.net. Such notice shall be deemed effective when received by us.
Term and Termination
If you breach any provision of these Terms of Use, you may no longer use the Website. Strategic Acumen may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any parts thereof, or in its sole discretion, change, suspend or terminate, temporarily or permanently your permission to use the Website without any prior notice to you or any other person and without any liability to Strategic Acumen. If these Terms of Use or your permission to use the Website is terminated by you or Strategic Acumen for any reason, then: (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website, the Content thereof, and any services offered therein; and (b) Strategic Acumen may continue to use and disclose your personal information in accordance with the Strategic Acumen Privacy Policy as amended from time to time.
Disclaimer of Warranties
Your use of the Website and the Content thereof is at your sole risk. Strategic Acumen has no liability for any errors or omissions in the Content whether provide by Strategic Acumen or by a third party. THE WEBSITE AND THE CONTENT THEREOF ARE AVAILABLE AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, SEARCHIE MAKES NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON AND/OR AVAILABLE THROUGH THE WEBSITE. Strategic Acumen AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUBCONTRACTORS, AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF Strategic Acumen HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. Strategic Acumen WILL NOT BE LIABLE FOR LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE. We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. Strategic Acumen and its affiliates and their respective officers, directors, employees, agents, partners, subcontractors, and licensors do not warrant or make any representation regarding any Content we provide including its availability, accuracy, spelling, or grammar, or that your use or the results of your use of our Website, and/or services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.
Limitation of Liability
Strategic Acumen is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data and/or your content. Strategic Acumen and its affiliates and their respective agents, officers, directors, employees, agents, partners, subcontractors, and licensors will not be liable to you for any special, direct (with respect to your use of the Website only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Website, services, and/or any third party Information, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Website, the services, any of our servers including, without limitation, any user content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of services related to the Website or third party websites; any viruses, worms, bugs or the like which may be transmitted to or from the Website of any third party website ; (vi) any user content or conduct that violates our any of our policies that we may implement from time to time; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Website or the services made available through the Website or any act or omission by Strategic Acumen, even if advised of the possibility of such damages. Strategic Acumen liability and your exclusive remedy related to non-performance of the Website shall be an equitable credit not to exceed the charges invoiced to you for the use of the Website. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Strategic Acumen’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Website must be commenced within one (1) year after the cause of action arises or any such action shall be permanently barred.
Unlawful Activity
Strategic Acumen reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that Strategic Acumen will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, Strategic Acumen will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
Remedies for Violations
Strategic Acumen reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to Strategic Acumen’s Website and its features.
Indemnification
You agree to indemnify, defend and hold Strategic Acumen and its affiliates and their respective agents, officers, directors, employees, shareholders, agents, affiliates, licensors, and subcontractors harmless from any claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable lawyer fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Website or any product or service ordered via the Website including but not limited to your violation of t these Terms of Use and/or policies found on the Website or infringement of any third party proprietary rights by you.
Jurisdiction and Governing Law
These Terms of Use and all matters arising out of or relating thereto will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto, without regard to any conflict or choice of law provisions. Any legal action or proceeding relating to these Terms of Use shall be brought in the courts located in Toronto, Ontario, Canada. You hereby submit to the exclusive jurisdiction of those courts and agree that the venue is proper in those courts in any such legal action or proceeding.
Severability
In the event that any part of a provision of the terms and conditions set out in these Terms of Use is held to be invalid, unenforceable, or void, such provision shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision of the terms and conditions set out in these Terms of Use is held to be invalid, unenforceable, or void, such provision shall be severed from these Terms of Use. The fact that part of a provision or an entire provision has been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
These Terms of Use, including any changes made to these Terms of Use from time to time, constitutes the entire agreement between you and Strategic Acumen relating to your use of the Website and supersedes all previous agreements, written, oral or otherwise, between you and Strategic Acumen with respect to your use of the Website. You may be subject to additional terms and conditions when you use, purchase, or access certain services on the Website.
Assignment
The provisions of these Terms of Use shall ensure to the benefit of and be binding upon each of Strategic Acumen and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without the express prior written consent of Strategic Acumen which may be withheld in Strategic Acumen’s sole discretion. Strategic Acumen may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent.
Waiver
No consent or waiver by either party of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
Language
The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language.