Terms & Conditions
The “Terms & Conditions” contained herein on this webpage, shall govern your use of this website through your registered Smartplans account (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Terms & Conditions.
2. Intellectual Property Rights.
Under these Terms, Dr. Hanna Maoh of the University of Windsor own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website, downloading the SMARTPLANS Files for use in academic and non-profit work.
Without the written consent of Dr. Hanna Maoh of the University of Windsor, you are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
4. No warranties.
This Website is provided “as is,” with all faults, and Dr. Hanna Maoh of the University of Windsor makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. By downloading and using the SMARTPLANS software, you are agreeing to use it as is and at your own risk. Additionally, nothing contained on this Website or produced by the SMARTPLANS software shall be construed as providing consult or advice to you.
5. Limitation of liability.
In no event shall Dr. Hanna Maoh of the University of Windsor, nor any of the Smartplans research members, be liable to you for anything arising out of or in any way connected with your use of this Website and its material (including the SMARTPLANS Software), whether such liability is under contract, tort or otherwise, and Dr. Hanna Maoh of the University of Windsor including the Smartplans research members shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Dr. Hanna Maoh of the University of Windsor from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
8. Variation of Terms.
Dr. Hanna Maoh of the University of Windsor is permitted to revise these Terms at any time as they see fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Dr. Hanna Maoh of the University of Windsor shall be permitted to assign, transfer, and subcontract their rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
10. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Dr. Hanna Maoh of the University of Windsor and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
11. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and you submit to the non-exclusive jurisdiction of the province and federal courts located in Ontario, Canada, for the resolution of any disputes.