TheSmartLines™ Terms and Conditions of Use

1. Acceptance of the Terms and Conditions of Use

These terms and conditions of use for the TheSmartLinesTM website (the"Site") constitute a legal agreement and are entered into by and between you ("user" "you") and 16877214 Canada Inc. ("Corporation," "we," "us," "our"). The following terms and conditions, as amended from time to time, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of, any content, functionality, and services offered on or through the Site.

BY USING THE SITE OR BY CLICKING TO ACCEPT THE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS, AND OUR PRIVACY POLICY, FOUND AT WWW.THESMARTLINES/PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE FOREGOING DOCUMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

By using this Site, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Corporation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. Modifications to the Terms

We reserve the right in our sole discretion to modify or update these Terms at any time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use of the Site after any changes shall constitute your acceptance of these Terms, as amended. The information and material on this Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

The information and material on this Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any period.

3. Your Use of the Site and Account Set-Up and Security

The security of your personal information is very important to us. We use electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. The Site, including content or areas of the Site, may require user registration.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Your provision of registration information constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy. By using this Site you are consenting to the use of cookies, if applicable, which allow a server to recall previous requests or registration and/or IP addresses to analyze use patterns.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.

4. Intellectual Property Rights and Ownership

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, site layout, selection, and arrangement, are owned by the Corporation, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Corporation name, the Corporation logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Corporation or its affiliates or licensors. You must not use such marks without the prior written permission of the Corporation. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except your phone and browser, if applicable, may temporarily store or cache copies of materials being accessed and viewed.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by the Corporation. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

5. Conditions of Use

As a condition of your access and use of the Site, you agree that you may use the Site only for lawful purposes and in accordance with these Terms.

Without limiting the generality of the foregoing, you warrant and agree that your use of the Site shall not:

• (a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found at www.thesmartlines.com/privacy
• (b) In any manner violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.
• (c) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• (d) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

6. Site Monitoring and Enforcement, Suspension, and Termination

The Corporation has the right, without provision of notice to:

• (a) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the generality of the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
• (b) Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS THE CORPORATION AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CORPORATION AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE CORPORATION OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

7. No Reliance

The content on our Site is provided for general informational purposes only. Nothing on the Site constitutes financial, legal, or betting advice. We do not encourage or endorse the use of this information for gambling or betting activities. If you choose to engage in such activities:

• (a) you understand and agree that you are doing so on the basis of your own judgement and not in reliance on any information provided by the Site;
• (b) you are solely responsible for ensuring compliance with the laws and regulations of your jurisdiction; and
• (c) you understand and agree that the Corporation, the Corporation's parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors assume no liability for any decisions made based on the information provided by the Site and shall not be held liable for any losses, damages, or adverse consequences arising from your reliance on the information provided by the Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. Your use of the Site is at your own risk and neither the Corporation nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Site.

8. Third-Party Sites

For your convenience, this Site may provide links or pointers to third-party sites or resources. These links are provided solely for your convenience and do not imply any endorsement. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

9. Geographic Restrictions

The owner of the Site is based in Ontario, Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

10. Communications and Information Practices

As a result of your registration for the Site, you may receive certain commercial communications from the Site. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to smartlinesinbox@gmail.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

11. No Betting or Gambling Services

This Site is not a betting, gambling, or wagering platform. It does not facilitate the placement of bets nor act as a bookmaker. The Smart Lines is strictly an analytics and information tool: we do not condone, encourage or facilitate betting or gambling of any kind, and nothing on the Site is a recommendation to place a bet. Any betting or wagering decisions made based on information provided on the Site are made using your own judgment and are entirely at your own risk.

12. Subscription and Payment Terms

Access to the full suite of services on the Site requires a subscription (the "Subscription") at a fee of $29.99 USD per month (the"Subscription Fee"). The term of each Subscription will continue for one (1) month terms (each, a"Subscription Term"), renewing automatically, unless terminated earlier in accordance with these Terms. The Subscription Fee will be automatically charged on a recurring monthly basis to the payment method you provide. All Subscription Fees are non-refundable, and Subscriptions may be terminated at any time by (i) the user, using the "Cancel Subscription" functionality found on the Site, and (ii) by the Corporation in accordance with this section 12 and section 6(b) above.

New accounts may start with a free trial of 3 days (the"Free Trial"), limited to one per account. Starting the Free Trial requires a valid payment method. Nothing is charged during the Free Trial. Unless you cancel before it ends, your Subscription begins automatically when the Free Trial ends and the Subscription Fee is charged to that payment method then, and monthly after that. You can cancel at any time during the Free Trial using the "Cancel Subscription" functionality on the Site; if you do, you will not be charged and your access ends when the Free Trial ends.

We reserve the right to change the Subscription Fee at any time, upon notice to the user if such change may affect the user's existing Subscription upon renewal. In the event of failure to collect the Subscription Fee owed by a user, we may, at our sole discretion (but shall not be obligated to) make subsequent attempts to collect payment at a later time, and/or suspend or cancel the Subscription, without notice.

13. Data Accuracy and Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY INFORMATION FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY INFORMATION FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE CORPORATION NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING GENERALITY OF THE FOREGOING, NEITHER THE CORPORATION NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY INFORMATION FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

14. Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE CORPORATION NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED SITES OR SUCH OTHER THIRD-PARTY SITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Corporation, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, third-party sites, any use of the Site's content, other than as expressly authorized in these Terms.

16. Intellectual Property Rights

All content, trademarks, logos, and intellectual property on the Site are owned by or licensed to the Site. You are granted a limited, non-exclusive license to access and use the Site solely for your personal, non-commercial purposes.

17. Privacy and Data Protection

Your use of the Site is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to our data practices as described therein. A copy of the Privacy Policy can be found on the Site.

18. Governing Law

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

19. Dispute Resolution

19.1 Arbitration: Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to, these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.

19.2 Exception: Notwithstanding clause 19.1 above, you and the Corporation both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek injunctive relief in a court of law. In addition to the above, notwithstanding clause 19.1 above, the Corporation may file a suit in a court of law against you to address intellectual property infringement claims.

20. Waiver

Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

21. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

22. Entire Agreement

These Terms constitute the entire agreement between you and the Corporation regarding your use of the Site, superseding any prior agreements or understandings, whether oral or written.

23. Force Majeure

The Corporation, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, or successors shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, war, or other unforeseen events.