TERMS OF USE.​

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Acceptance of the Website Terms and Conditions of Use

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These website terms and conditions of use constitute a legal agreement and are entered into by and between you and ABS Higher Level Consulting Inc. (“Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or  additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through our website: https://www.higher-level.ca/ (the 
“Website“).

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BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU AGREE TO ABIDE BY BOTH OUR TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DISAGREE WITH THESE TERMS OR THE POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

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A. Modifications to the Terms and Conditions and to the Website

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We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such  modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice.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 Website is restricted to users or unavailable at any time or for any period.

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B. Payment Terms

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Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits.

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C. Intellectual Property Rights and Ownership

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You acknowledge that the Website and its entire content, including information, software, code, graphics, and trademarks, are owned by the Company or its licensors, protected by intellectual property laws. The Company's trademarks and related assets cannot be used without prior written permission.

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D. No Reliance

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The information on our Website is meant for general knowledge and should not be considered as advice to rely upon. Seek specific or professional guidance before making decisions based on our content.

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While we try to keep the Website updated, we do not guarantee its accuracy, completeness, or timeliness. Your use of the Website is at your own risk. ABS Higher Level Consulting Inc., its affiliates, directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors bear no responsibility or liability for your use.

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Third-party content on this Website, excluding our own, reflects the opinions of those providers and not necessarily ours. We hold no responsibility or liability for such third-party materials.

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E. Academic Consultation*

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By using our Website you:

• Agree to behave in respectful manner.

• Consent that the session may be recorded.

• Agree that the advice received through a consultation session or suggestions through the web-based tool is intended for only the client and not third parties.

• Agree that it is your responsibility to follow the application guidelines of programs/university.

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F. Privacy

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By using our Website and providing your personal information, you agree to its collection, use, hosting, transmission, and disclosure as outlined in our Privacy Policy.

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Your use of this Website implies consent to the use of cookies, which enable server recall of previous requests and analysis of website use patterns via registration and/or IP addresses. You can set your browser to manage cookie preferences, but disabling them may affect certain Website functions. More details on automated information gathering practices can be found here.

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G. Third-Party Websites

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This Website may contain links to third-party sites for your convenience. We do not endorse or control these sites and assume no responsibility for their content or any potential loss or damage resulting from their use. Your access to these sites is at your own risk, and you are bound by their terms and conditions.

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H. Access from other Jurisdictions

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The website owner operates from Alberta, Canada, and expressly restricts the use of this website in jurisdictions where its use is prohibited by law.

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I. Disclaimer of Warranties

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Your use of the Website, its content, and any services or items obtained from it is at your own risk. They are provided "as is" and "as available," without any warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. ABS Higher Level Consulting Inc., its affiliates do not guarantee the completeness, security, reliability, or accuracy of the Website or its contents. We do not ensure uninterrupted service or correction of defects. We cannot guarantee that files or data from the Website will be free of viruses. You are solely responsible for your computer's security. We are not liable for any damage resulting from your use of the Website or its services, including any downloaded material, regardless of harmful elements like viruses or other destructive code.

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J. Limitation on Liability

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Subject to exclusions prohibited by law, under no circumstances will ABS Higher Level Consulting Inc., its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be held liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, or any type of damages under any legal theory. This includes, but is not limited to, direct, indirect, special, incidental, consequential, or punitive damages.  These damages may involve personal injury, pain and suffering, emotional distress, loss of revenue, profits, business or anticipated savings, use, goodwill, or data, regardless of whether caused by tort (including negligence), breach of contract, breach of privacy, or any other cause. This limitation applies even if the party was advised or had reason to know of such potential damages and concerns your use or inability to use the Website, linked websites, or other third-party websites, including the content, materials,
postings, or information available on these platforms.

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K. No Class Actions:

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You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly not allowed.

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L. Indemnification

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To the fullest extent allowed by applicable law, you agree to protect, indemnify, and exempt ABS Higher Level Consulting Inc., its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from or connected to your violation of these Terms and Conditions or your use of the Website. This includes, but is not limited to, your User Submissions, third-party sites, and any use of the Website’s content, services, or products not expressly authorized in these Terms and Conditions.

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M. Governing Law and Jurisdiction

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The Website and these Terms and Conditions will be governed by and interpreted according to the laws of the Province of Alberta and the federal laws of Canada, without considering any choice of law principles or rules, irrespective of your domicile, residence, or physical location.

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Any legal action or proceeding arising from this Website and these Terms and Conditions will be initiated in the courts of the Province of Alberta. Both parties unequivocally submit to the exclusive jurisdiction of these courts in any such legal action or proceeding. You waive any objections to these courts' jurisdiction and venue.

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N. Waiver

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No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. 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.

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O. Severability

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

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P. Entire Agreement

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The Terms and Conditions, along with our Privacy Policy, are the complete agreement between you and
ABS Higher Level Consulting Inc. concerning the Website. They replace all previous written or oral
agreements, understandings, and warranties regarding this subject.

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EFFECTIVE UPON: JANUARY 1, 2024

LAST UPDATED: JANUARY 1, 2024