WEBSITE TERMS OF USE

THESE WEBSITE TERMS OF USE ("Terms of Use") GOVERN USE OF THE SHERPA MARKETING INC. ("SHERPA MARKETING") WEBSITE https://www.sherpamarketing.ca (THE "SHERPA SITE") AND YOU ARE AGREEING TO THESE TERMS OF USE BY USING THE SHERPA SITE.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SHERPA SITE.
 
YOU MUST BE AT LEAST THE AGE OF MAJORITY IN ORDER TO USE THE SHERPA SITE.
 
  1. Modifications.  It may be necessary for us to modify these Terms of Use from time to time.  Should we modify these Terms of Use, we will update the Effective Date identified at the top of these Terms of Use and any such modifications will take effect upon posting to the Sherpa Site.  Your continued use of the Sherpa Site constitutes your acceptance of the Terms of Use as modified.  We urge all users to review these Terms of Use on a regular basis to ensure that you are aware of all current terms and conditions governing your use of the Sherpa Site.

  2. Services Agreement.  At Sherpa Marketing, we offer outstanding and diverse services to assist your business in the climb to success; we offer a wide range of services including without limitation to help you set business goals, to develop, execute and evaluate your campaigns, to innovate and to take client relationships to the next level.  The Sherpa Site contains general descriptions of services we offer, which will be tailored to meet each client's unique needs, and these descriptions are provided for informational purposes only.  Use of the Sherpa Site does not create a client relationship with Sherpa Marketing.  In order to become a client of Sherpa Marketing, we have to enter into a written services agreement which will be prepared as part of a larger discussion concerning requested services.

  3. Privacy Statement.  Our Privacy Statement https://www.sherpamarketing.ca/privacy-policy sets out the manner in which Sherpa Marking collects, uses, discloses and administers personal information.  The Sherpa Marketing Privacy Statement is incorporated into and forms part of these Website Terms of Use.

    When you use the Contact Us feature of the Sherpa Site or otherwise contact us, we will use the information you submit to us to contact you and to provide services as appropriate.  Your personal information will also be included in our database system for future contact and in accordance with our Privacy Statement.

  4. Results.  At Sherpa Marketing, we have executed hundreds of campaigns driving many millions of dollars in sales for our clients and we carefully consider each campaign we undertake.  We help you to identify your business' goals and challenges and then work with you to create campaigns that target your specific needs.  We cannot, however, guarantee the success of any one campaign.

  5. Employment Opportunities.  You may choose to submit an application to Sherpa Marketing by way of email to info@sherpamarketing.ca.  Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.

  6. Site Content and Intellectual Property.  The Sherpa Site features blog posts, whitepapers and other such content that is intended for informational purposes only.  Use of any such content is at the user's sole risk; Sherpa Marketing does not guarantee results from reliance on any such content.

    Sherpa Marketing may from time to time feature or link to third party content on the Sherpa Site; this should not be characterized as and does not constitute an endorsement by Sherpa Marketing.  Sherpa Marketing is not responsible or liable for third party content, including links, featured on the Sherpa Site.

    All content on the Sherpa Site is subject to intellectual property protections, including without limitation copyright and trademark rights and protectable under international conventions.  These rights are enforceable by Sherpa Marketing at law.  You are prohibited from removing any proprietary notices that appear on the Sherpa Site or in connection with Site content.  Content on the Sherpa Site may be used by you for information purposes only and may not be copied, reproduced or distributed in any way without our prior written consent.

  7. Age of Majority.  Content on the Sherpa Site is not intended for use by children.  You must be the age of majority or older to use the Sherpa Site.

  8. Restrictions.  Sherpa Marketing has the right, but not the obligation, to take any of the following actions in our discretion and without notice:

    1. restrict, suspend or terminate your access to the Sherpa Site or any services (in accordance with the Services Agreement entered into between you and Sherpa Marketing);
    2. change, suspend or discontinue any service offerings from time to time;
    3. add, change, move or remove any site content or features from the Sherpa Site;
    4. should we allow users to establish an account at any time, we reserve the right to deactivate that account and to restrict use or delete accounts in our discretion;
    5. establish use restrictions concerning user content from time to time.

  9. User Comments/Other Submissions.  You have the option to submit comments through the Sherpa Site.  Sherpa may also make available, from time to time, features of the Sherpa Site to receive comment, content or input from users.  All user submissions shall be original and shall not violate third party rights.

    When a user submits comments, information or content to the Sherpa Site, you are granting to Sherpa Marketing an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any right to compensation by you.

    In making any submission to Sherpa Marketing of any kind, you agree that you will not engage in any of the following:

    1. defamation, abuse, harassment, stalking, engaging in threats, or otherwise violate the legal rights of others;
    2. publishing, posting, uploading, emailing, distributing, displaying, promoting, disseminating or otherwise making available any material that is inappropriate (for example profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
    3. transmitting any information or materials to Sherpa Marketing that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
    4. provide a submission that contains any virus, corrupt file, spyware, adware or any other program that may damage or adversely affect the Sherpa Site or those of other users;(v) otherwise interfere with or disrupt the use of the Sherpa Site.

    In the event that Sherpa Marketing chooses to offer features such as forums, bulletin boards, chat rooms or other interactive areas, you must follow the terms and conditions specifically established for those features.  You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to Sherpa Marketing.

    Sherpa Marketing reserves the right to suspend or terminate your account should you violate any of the foregoing, including without limitation third party rights, in submitting comment, content or input to Sherpa Marketing, in addition to other remedies available to it at law.

    Any comment, content or input from users submitted to Sherpa Marketing is not required to be treated as confidential information by Sherpa Marketing and may be used or disclose in its discretion.

    All user comment, content or input received by Sherpa Marketing from you as a user will be your sole responsibility; you and not Sherpa Marketing will be responsible for all information or materials that you upload as user comment, content or input and you indemnify Sherpa Marketing from any demand, claim, suit or proceeding concerning the violation of rights of any person in accordance with paragraph 13 below.

  10. Payment Processing.  Sherpa Marketing does not process payments through the Sherpa Site.  Payments will be processed in accordance with the terms of your Services Agreement with Sherpa Marketing.

  11. Jurisdiction.  All services provided by Sherpa Marketing shall be deemed to be provided from Sherpa Marketing head office located in Winnipeg, Manitoba, Canada, unless otherwise specified in your Services Agreement with Sherpa Marketing.

  12. Termination.  Sherpa Marketing reserves the right in its discretion to terminate your access to and use of the Sherpa Site, or any of its features at any time.

  13. Indemnification.  You agree to defend, indemnify and hold harmless Sherpa Marketing, its directors, officers, employees, shareholders, contractors, and representatives from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements, costs and expenses arising out of your use of the Sherpa Site or any online features of the Sherpa Site, or your violation of any of your obligations under these Terms of Use.  You will cooperate fully and as reasonably required by Sherpa Marketing, and at your own cost, in defense of any claim.  Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defense and any settlement decisions concerning any claim, suit or proceeding.

  14. Disclaimer.  Use of the Sherpa Site is provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Sherpa Marketing makes no representations or warranties of any kind, express or implied, concerning the Sherpa Site, and any content featured thereon, including without limitation non-infringement, merchantability or fitness for a particular purpose.  If you subscribe to any fee-based services, and while we will do our utmost to ensure availability of the Sherpa Site, we cannot warrant that the Sherpa Site will be uninterrupted or error-free; no refunds will be issued for any interruption of Sherpa Site availability.

    Sherpa Marketing does not warrant that your activities or use of the Sherpa Site are lawful in your jurisdiction of use.  You are responsible for compliance with all applicable laws when using the Sherpa Site.

  15. Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL SHERPA MARKETING BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, COST OR DAMAGE OF ANY KIND (INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SHERPA SITE, ITS FEATURES OR CONTENT.  YOUR ACCESS TO AND USE OF THE SHERPA SITE IS AT YOUR OWN RISK.

  16. Governing Law.  These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Manitoba, Canada.  The parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba with respect to a dispute concerning the subject matter of this Agreement.

  17. Authority.  You hereby confirm to Sherpa Marketing that you have all necessary power and authority to agree to these Terms of Use.

  18. General.  These Terms of Use and any documents or materials incorporated by reference herein constitute the entire agreement between the parties with respect to the subject matter hereof.  There are no representations or warranties between the parties except as expressly set out herein.  All notices to be provided to users generally under these Terms of Use will be featured on the Sherpa Site; if you have set up an account and have provided us with an email address, we may communicate with you through that email address and provided notice by email in our discretion.  Users are responsible to ensure that their current email is on file with Sherpa Marketing.  These Terms of Use may not be assigned by a user without the prior written consent of Sherpa Marketing.  Any failure by Sherpa Marketing to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such rights.