These Terms of use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities concerning your receipt of services offered by Sutton Group Academy (which includes all companies, partnerships and limited partnerships that form part of Sutton Group Academy; collectively, “Sutton Group Academy”), including via the website: https://suttongroupacademy.com or other platforms used by Sutton Group Academy (collectively, the “Platforms”) to deliver products and services (collectively, the “Services”). In this Agreement, the terms “we”, “our” and “us” refer to Sutton Group Academy.

Your use of the Services, including by visiting https://suttongroupacademy.com website (the “Platforms”) constitutes your acceptance of the Agreement. Please take the time to review them carefully.

If you do not agree with some or all of these terms, do not use the Platforms.

1. Use & Accuracy of Information on Platforms

The Platforms are provided for general information only. Although Sutton Group Academy makes reasonable commercial efforts to ensure that the information presented on the Platforms is accurate, Sutton Group Academy does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Platforms. The information and materials provided on the Platforms does not constitute professional or legal advice. None of the materials or information may be construed as an offering for sale.

2. Relationship

The use of this Platforms and/or the Services provided herein does not create a client or other advisory relationship between you and Sutton Group Academy. Sutton Group Academy is not providing real estate or investment advice to you. You should seek professional and/or legal advice, and complete your own independent investigations prior to any potential purchase of real estate.

3. Other Terms

You understand and acknowledge that your use of the Platforms is also governed by the Sutton Group Academy Privacy Policy which you have read, understood, and agreed to. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of, and for the purposes set forth in, our Privacy Policy. In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services or on the Platforms.

4. Ownership

All of the content on or made available via the Services and Platforms, including without limitation: all page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively the “Material”) is the property of us or our licensors—as are all related trade-mark, copyright, patent and/or other intellectual property rights. The Material is protected under copyright, trade-mark and other laws of Canada and other countries. Sutton Group Academy owns all copyright in the selection, coordination, arrangement and enhancement of the Material. All company names, brand names, trade-marks and logos are the property of their respective owners, including without limitation, all trade-marks owned by Sutton Group Academy. No part of the Services will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including our trade-marks, except with our express written permission or such other party that may be the owner thereof.

5. Permitted and Prohibited Uses of the Platforms

You may download, print and store selected portions of the Material, provided that you:

  1. Only use copies of the Material for your own personal, non-commercial uses;
  2. Do not copy or post the Material on any network computer, broadcast or redistribute the Material in any media or through any other channel;
  3. Do not modify or alter the Material in any way; and
  4. Do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material.

Any use of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extents expressly permitted above. You must not submit, publish or otherwise disseminate to Sutton or through the Platforms anything which:

  1. Defames, libels or invades the privacy of any person;
  2. Is obscene, pornographic, abusive or threatening in nature;
  3.  Infringes on any intellectual property or other rights of any person or entity;
  4. Has contaminating or destructive properties (i.e.: software viruses);
  5. Violates any law;
  6. Advocates or describes any illegal activity; or
  7.  Advertises or solicits funds for goods or services.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.

6. Links

The Platforms may contain links to other websites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Sutton Group Academy of the linked website or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.

7. Errors, Inaccuracies & Corrections

The Platforms may occasionally contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior or any notice to you. All Material is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, SUTTON AND ALL DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS AND SUPPLIERS OF SUTTON DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORMS, THEIR CONTENTS, AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Platforms will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Platforms or your downloading of any Material, or inability to do any of the foregoing.

8. Limitation of Liability

Your use of the Platforms is undertaken at your own risk. Under no circumstances will Sutton Group Academy or any directors, officers, employees, agents, members and suppliers of Sutton Group Academy, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Platforms, your reliance on any Material, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Platforms, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Platforms.

9. Indemnification

You agree to indemnify and save harmless Sutton Group Academy, including all directors, officers, employees, agents, members, affiliates, associates, personnel and suppliers of Sutton (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against, suffered or incurred by us as a result of your use of the Platforms or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is:

  1. initiated by you, which is unsuccessful; or
  2. initiated by a third party, who is suing you;

you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defense and indemnification obligation will survive termination of this Agreement and your cessation of use of the Platforms.

10. Governing Laws & Court Timing of Claims

This Agreement and your use of the Services (including access to the Platforms) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the Platforms) will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the Platforms will be deemed to be passive in nature and not giving rise to personal jurisdiction over Sutton in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes Sutton’s application for injunctive remedies or other urgent legal relief in any jurisdiction.

11. Sensibility Waiver

The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

12. Entire Agreement

This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Platform, Services and Material, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments. Questions about our Services, or regarding your rights and responsibilities under this Agreement, can be directed to info@suttongroupacademy.com.

13. Survival

The provisions within all sections (1 through 13) will survive termination of the Agreement, however occasioned.