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Terms of Service

Last Updated: May 1, 2023

1. Introduction

Welcome to Pitatelinaya Smorodina ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at pitatelinaya-smorodina.com (the "Website") and any related services offered by us.

By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website or use our services.

2. Communications

By using our Website or providing your contact information to us, you agree to receive electronic communications from us. These communications may include notices about your account, information about our services, and marketing messages.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. Service Description

Pitatelinaya Smorodina provides business consultancy services including but not limited to business process optimization, employee training and development, business analytics, and strategic consulting. Our Website serves as an information portal and a means to contact us about our services.

We reserve the right to modify, suspend, or discontinue any aspect of our Website or services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or services.

4. User Accounts

If you create an account on our Website, you are responsible for maintaining the security of your account and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Website, us, or third parties, or for any other reason.

5. Content

5.1 Our Content

Our Website contains content owned by us, including text, graphics, logos, images, audio, video, and software ("Our Content"). Our Content is protected by copyright, trademark, and other laws. You may not use, reproduce, distribute, modify, or create derivative works of Our Content without our express written permission.

5.2 User Content

You may be able to submit content to our Website, such as when you fill out forms, leave comments, or communicate with us ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute it in any media.

You represent and warrant that:

  • You own or have the right to use and submit the User Content;
  • The User Content does not infringe on any third-party rights;
  • The User Content does not contain any material that is defamatory, obscene, offensive, or otherwise illegal.

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without notice.

6. Intellectual Property

"Pitatelinaya Smorodina," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pitatelinaya Smorodina or its affiliates. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

7. Links to Other Websites

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

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Limitation of Liability

In no event shall Pitatelinaya Smorodina, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 access to or use of or inability to access or use the Website;
  • Any conduct or content of any third party on the Website;
  • Any content obtained from the Website; and
  • Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Pitatelinaya Smorodina, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Website will function uninterrupted, secure, or available at any particular time or location;
  • Any errors or defects will be corrected;
  • The Website is free of viruses or other harmful components;
  • The results of using the Website will meet your requirements.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in Ottawa, Ontario, Canada, in accordance with the rules of the Canadian Arbitration Association. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You agree that any arbitration shall be limited to the dispute between us and you individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other;
  • There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  • There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

14. Contact Us

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

  • By email: [email protected]
  • By phone: (613) 555-0426
  • By mail: 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada
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  • 150 Elgin Street, Suite 800
  • Ottawa, ON K2P 1L4, Canada
  • (613) 555-0426
  • [email protected]

© 2023 Pitatelinaya Smorodina. All rights reserved.

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