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Terms & Conditions

Last Updated: April 26, 2025

Welcome to Smith Manoeuvre Services Corporation ("SMSC," "we," "us," or "our"). Please read these Terms and Conditions ("Terms") carefully before using our website, client portal, mobile application, or any other services provided by SMSC (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and SMSC.

2. Changes to Terms

SMSC reserves the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website or application. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

3. Account Registration and Security

3.1 Account Creation

Certain features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

SMSC reserves the right to suspend or terminate your account at any time and for any reason, including, but not limited to, violation of these Terms.

4. Intellectual Property Rights

4.1 Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by SMSC, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Smith Manoeuvre™ Trademark

"Smith Manoeuvre" is a registered trademark owned by Smith Consulting Group Ltd. and licensed to SMSC. Use of the Smith Manoeuvre™ trademark without express written permission from SMSC is strictly prohibited.

4.3 License to Use

Subject to these Terms, SMSC grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

4.4 Restrictions

You may not:

  • Reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, sell, or exploit any content from our Services without prior written permission.
  • Use our Services for any illegal purpose or in violation of any local, provincial, federal, or international law.
  • Attempt to gain unauthorized access to any portion of our Services or any system or network connected to our Services.
  • Use our Services in any manner that could disable, overburden, damage, or impair our Services.

5. User Conduct

When using our Services, you agree not to:

  • Violate any applicable law, regulation, or these Terms.
  • Impersonate any person or entity.
  • Engage in any activity that interferes with or disrupts our Services.
  • Upload or transmit any viruses, malware, or other harmful code.
  • Attempt to probe, scan, or test the vulnerability of our systems or networks.
  • Collect or harvest any personally identifiable information from other users.
  • Use our Services to send unsolicited communications.

6. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by SMSC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SMSC 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 websites or services.

7. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

SMSC does not warrant that our Services will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

8. Financial Information and Advice

8.1 Not Financial Advice

The information provided through our Services is for informational and educational purposes only and should not be construed as financial, legal, tax, or investment advice. SMSC is not a financial advisor, tax professional, or legal advisor.

8.2 No Guarantee of Results

SMSC does not guarantee any specific results from using the Smith Manoeuvre™ strategy or any other strategies, methodologies, or information provided through our Services. Financial strategies involve risk, and results may vary based on individual circumstances.

8.3 Professional Consultation

We strongly recommend consulting with qualified professionals, including financial advisors, tax professionals, and legal advisors, before implementing any financial strategy, including the Smith Manoeuvre™.

9. Limitation of Liability

To the maximum extent permitted by applicable law, SMSC and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from our Services.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services.
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via our Services.

10. Indemnification

You agree to defend, indemnify, and hold harmless SMSC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to our Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
  • Any claim that your content caused damage to a third party.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be finally resolved by arbitration in accordance with the rules of the British Columbia International Commercial Arbitration Centre. The place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SMSC regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Smith Manoeuvre Services Corporation

Email: info@smithman.ca

By using our Services, you acknowledge that you have read these Terms of Service and agree to be bound by them.