Terms of Use

These Terms of Use together with the Privacy Policy contain the complete terms and conditions that apply to your use of the SalesWise website. Please read these terms of use carefully before you start to use the SalesWise site. By using the SalesWise site, you indicate that you consent to these Terms of Use as well as the SalesWise site’s Privacy Policy. If you do not agree with these Terms of Use or the Privacy Policy, please refrain from using the SalesWise site. 

SalesWise reserves the right to change, modify, or otherwise amend these Terms of Use and the Privacy Policy at any time. Such amendment shall become effective immediately upon the posting thereof. Please review this page periodically as your continued use of the SalesWise website constitutes your acceptance of the amended terms of use and privacy policy. 

SalesWise Intellectual Property Rights: 

The materials and services provided for and illustrated on the SalesWise site are protected by copyright, trademark and other intellectual property rights, and are presented to you solely for the purpose of using the SalesWise site. As a user, you are not to copy, display, modify, create derivative works of, publish, or sell the information, software, or services provided herein. No right or interest in any intellectual property of SalesWise is granted under these Terms of Use. 

 Disclaimer of Warranties: 

THE SALESWISE SITE, AND ANY CONTENT, INFORMATION OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION AND ACCURACY, ALL OF WHICH SALESWISE EXPRESSLY DISCLAIMS. 

SALESWISE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. 

Limitation of Liability: 

SALESWISE IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THE SALESWISE SITE AND ITS CONTENTS; (B) ANY DELAYS, INTERRUPTIONS, COMMUNICATION LINE FAILURES, DEFECTS IN THE USE OF THE SALESWISE SITE AND SALESWISE PRODUCTS OR SERVICES; AND (C) COMPUTER VIRUSES, THEFT, UNAUTHORISED ACCESS TO, ALTERATION OF RECORDS, PROGRAMS OR FILES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SALESWISE SITE. 

Governing Law: 

These Terms of Use and the Privacy Policy shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the Province of Ontario and the federal laws of Canada applicable therein. 

Arbitration: 

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting SalesWise’s confidential information or intellectual property rights, in the event that any dispute shall occur or any question shall arise between you and SalesWise regarding the interpretation of any of the provisions of these Terms of Use and Privacy Policy, or any dispute resulting from the SalesWise site or SalesWise products or services, shall be resolved by arbitration by one arbitrator pursuant to the Arbitrations Act, 1991 (Ontario) and the decision shall be final and binding. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein. Each party shall bear the burden of its own legal fees incurred in connection with any arbitration proceedings. 

Contact Information 

If you have any questions or concerns regarding these Terms of Use, please contact: 

Email: [email protected]
Address
: SalesWise, A division of Smooth Stones Inc., 910 Carlaw Ave., Toronto, Ontario M4K 3L3. Telephone: (416) 435-7473.

General Contract Provisions: 

These Terms of Use and the Privacy Policy constitute the entire agreement between you and SalesWise with respect to the subject matter herein contemplated and cancels and supersedes any prior understanding, negotiations and discussions, written or oral. The section headings used herein are for convenience only and shall be of no legal force or effect. Any provision of the Terms of Use and Privacy Policy which is found to be invalid or null, shall not affect the remaining provisions herein, which shall continue to have full effect and shall be interpreted as if such invalid or nullified clause had never been written.