Last updated March 18, 2003.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STOCK TRENDS™ SERVICES OR WEBSITE, OR BY CHECKING THE "I AGREE" BOX LOCATED ON THE ONLINE MEMBERSHIP OR SUBSCRIPTION REGISTRATION FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
ACCEPTANCE: The Stock Trends™ website (this "Site"), and the products, services, information and other content (collectively the "Services") offered through the Site, are made available by Stocktrends Publications ("STOCKTRENDS"), conditional on your acceptance of the terms, conditions and disclaimers set out in this Terms of Service Agreement (the "Agreement") and such supplemental and alternative terms, conditions and policies which are displayed or to which you may be directed in respect of a particular Service (collectively the "Terms of Service"). By completing the applicable subscription and by checking the "I Accept the Terms of Service" box located on the online subscription form during the subscription process, or by using the Site and Services, you are confirming to STOCKTRENDS that you (a) are of the age of majority or older in the jurisdiction in which you reside, and (b) agree to be bound by the Terms of Service. If you do not agree to abide by the Terms of Service, do not proceed with your subscription. If you have already subscribed and do not agree with any change to the Terms of Service you should terminate your subscription.
SUBSCRIPTION: A subscription to the Site and Services is available on monthly, annual or on other periodic terms (each a "Subscription Plan") all as more specifically set out in the subscription form. The Subscription Plan you have chosen will continue and renew automatically for similar terms, unless terminated by STOCKTRENDS or until you terminate your subscription in accordance with the terms set out below.
ACCOUNT AND PASSWORD: During the subscription process, you will have to choose a user name ("User Name") and associated password ("Password"). Your User Name and Password are required in order to access or use the Site and Services. Upon completion of the subscription process, you will be assigned an account ("Account") based on the information provided in your online subscription form. You represent and warrant that the information you provide during the subscription process is complete, true and accurate. You are responsible for maintaining the confidentiality of your Account information and Password. You shall be responsible for all uses, including transactions effected, through your Account, whether or not authorized by you. You agree to immediately notify STOCKTRENDS of any unauthorized use of your Account or Password. STOCKTRENDS reserves the right, to be exercised in its sole discretion, to refuse to grant to you a User Name that impersonates someone else, is protected by intellectual property law or which is vulgar or otherwise offensive.
PAYMENT TERMS: The current subscription fees and other charges (collectively the "Charges") applicable to the Site and Services are located at http://stocktrends.ca/?page=subscriptions. Unless you qualify for an alternate payment scheme or offer (such as a Trial Subscription or a corporate plan subscription) as identified during the subscription process, the monthly, annual, or other periodic Charges applicable to the Subscription Plan you have chosen together with all applicable taxes will be billed automatically to the credit card (the "Account Credit Card") you designated during the subscription process or subsequently designated to STOCKTRENDS. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing charges is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion by accessing the relevant My Account update section. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. STOCKTRENDS reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, please advise us by accessing the relevant My Account update section. Except as provided below, the Charges will be processed and the Account Credit Card will be charged on the first day of your Subscription Plan, and on the first day of each renewal period, unless you terminate your subscription before the relevant period begins. The Charge for the applicable renewal period shall be equal to the Charge for the previous period unless STOCKTRENDS has otherwise notified you by posting on the Site (or by e-mail notice at the e-mail address you designated for your Account), any increase in such Charge, which revised Charge shall apply, unless you choose to terminate your subscription. Please note that certain Charges, including one-time or use-specific charges for additional Services, will be billed to the Account Credit Card when incurred. STOCKTRENDS reserves the right to change any of the Charges (including the basis for determining the Charges) then in effect, or add new fees and charges, by posting such changes on the Site or by notifying you of such change by e-mail notice as described above.
You agree to pay all Charges incurred in connection with your use of the Site or use of any Services through your Account, including any applicable taxes, at the rates in effect when the said Charges were incurred. Except as provided herein, all Charges are nonrefundable.
Please note that Charges do not include any applicable fees or charges incurred to access, or to receive alerts or other information from the Site or any of the Services, through an Internet, wireless or other third party service provider.
STOCKTRENDS TERMINATION: STOCKTRENDS reserves the right to suspend or terminate your Account and your access to the Site and Services at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if STOCKTRENDS does not receive payment, or where STOCKTRENDS has determined, in its sole discretion, that use of the Site or Services by your Account is, or was in breach of the Terms of Service. Any such termination by STOCKTRENDS shall be in addition to and without prejudice to such rights and remedies as may be available to STOCKTRENDS, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your Account and this Agreement.
SUBSCRIBER TERMINATION: You may terminate your subscription at any time by selecting the Cancel Subscription option in the My Account section of the Site. All terminations shall be effective at the end of the monthly period in which such termination was effected. STOCKTRENDS will not, under any circumstances, provide any refund in connection with the termination of any Subscription Plans with a duration of one month or less, unless such termination notice is received by STOCKTRENDS within 30 days of initial commencement of the subscription. With respect to the termination of Subscription Plans which are longer than one month, STOCKTRENDS will provide a refund (in the form of a credit against the Account Credit Card) in an amount equal to: (i) the amount charged against the Account Credit Card and received by STOCKTRENDS for the applicable Subscription Plan, less (ii) the regular amount that would have been payable if calculated on a monthly basis for the applicable subscription period up to the end of the monthly period in which termination is effective.
DISCLAIMERS: The material, software, information, data and other content available through the Site or the Services (collectively the "Content") is provided by multiple data suppliers without verification by STOCKTRENDS. You acknowledge the inherent hazards of electronic distribution, and you are aware that there may be delays, omissions or inaccuracies in the Content including, without limitation, the communication of any Content to you by way of short message service ("SMS"), e-mail or otherwise. Accordingly, you agree that the Site, Services and Content are provided on an "AS IS" and "AS AVAILABLE" basis and that your use of, and reliance on, the Site, Services and Content shall be at your sole risk. Without limiting the generality of the foregoing:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF STOCKTRENDS, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "STOCKTRENDS GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE STOCKTRENDS GROUP DOES NOT WARRANT THAT THE SITE, THE SERVICES OR THE CONTENT WILL OPERATE OR CONTINUE TO OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by the STOCKTRENDS GROUP through the Site or Services is: (a) for informational purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by the STOCKTRENDS GROUP; and (c) not necessarily reflective of the views or policy of the STOCKTRENDS GROUP, including the publisher, contributors and staff of, and advertisers on, the Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by the STOCKTRENDS GROUP. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE STOCKTRENDS GROUP DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATIONAL SOURCE.
You acknowledge that one or more of the STOCKTRENDS GROUP of entities may invest or otherwise hold interests in entities that may be referenced in any of the Services or Content accessible through the Site. The views and opinions expressed on the Site are not intended to constitute a description of securities bought, sold, or held on behalf of any of the STOCKTRENDS GROUP entities nor an indication by any such entities of any intention to buy, sell, or hold any security.
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CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF STOCKTRENDS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL STOCKTRENDS GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Site and Services may be temporarily unavailable from time to time due to required maintenance or as a result of other disruptions as described above. While STOCKTRENDS makes every reasonable effort to minimize such downtime, STOCKTRENDS cannot guarantee the 100% availability of the Site and Services. Accordingly, if you are dissatisfied with the Site or the Service for any reason, your sole and exclusive remedy is to discontinue use of the Site and the Services in accordance with these Terms of Service.
You expressly acknowledge that STOCKTRENDS has set the Charges for the Site and Services, entered into this Agreement, and has and will make the Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and the STOCKTRENDS Group. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
Copyright. The Content available through the Site including the manner in which it is presented, and the Services are: Copyright 2002 Stocktrends Publications and/or its agents and licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. STOCKTRENDS and/or its licensors grants you a limited non-exclusive, non-transferable license to use, display on your computer or other electronic device used to access the Content and Services, and print the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site or the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Trademarks. Stock Trends, Stocktrends.ca, Stock Trends Weekly Reporter and all associated designs and logos are trademarks of Stocktrends Publications, used under license. All other product, brand and company names and logos used or mentioned on the Site or the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Site or the Services without the express written consent of the owner of the trademark is strictly prohibited. Use of any trademarks in the Content does not imply any endorsement by any third party of the Service, Site, the Content or STOCKTRENDS.
Software. Any software, including calculator software and software related to other tools, as well as any files or images generated by such software, including without limitation code and data accompanying such software (collectively, the "Software"), used or accessible through the Site or Services is the property of STOCKTRENDS or its licensors. STOCKTRENDS and/or its licensors grants you a limited non-exclusive, non-transferable license to use the Software on your computer or other electronic device used to access the Site and Services solely for your own personal and non-commercial use only and solely for purposes of using the Site or the corresponding Service in accordance with the Terms of Service.
Reservation of Rights. Except as expressly provided herein, nothing herein or on the Site shall be construed as conferring any license or rights with respect to any of STOCKTRENDS' or any third party's intellectual property rights (including under any patent, trademark, copyright or trade secret), whether by estoppels, implication, waiver, or otherwise in any portion of the Site, Services or Content. Without limiting the generality of the foregoing, you acknowledge and agree that certain content (including the Content and Software) available through and used to operate the Site and Services is protected by copyright, trademark, patent, or other proprietary rights of STOCKTRENDS, its affiliates and licensors. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs available through or used in connection with the Site, Services or Content. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Site or Services. All licenses granted hereunder shall automatically terminate upon the termination of your subscription to the Site or the corresponding Service.
LINKS AND THIRD PARTY CONTENT: Certain links on the Site may take you to other websites. STOCKTRENDS provides these links only as a convenience and not as an endorsement by STOCKTRENDS. These linked sites are not necessarily under the control of STOCKTRENDS. If you use these sites, you do so at your own risk, and you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. STOCKTRENDS is not responsible for the content of any such linked page or any other page not under its control. STOCKTRENDS makes no representation or warranty regarding, and does not endorse, any linked websites or the information, products or services appearing thereon. Further, the Site may contain materials, data or information provided, posted or offered by third parties, including content provided by other users of the Site ("Third Party Content"). You agree that STOCKTRENDS shall have no liability whatsoever for any such Third Party Content.
COMPUTER VIRUSES: While STOCKTRENDS makes every reasonable effort to ensure that the Content and Services made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Content or Services, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Services.
INDEMNITY: You agree to defend, indemnify and hold harmless each of STOCKTRENDS, its affiliates, licensors, co-branders and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) your breach of any of the Terms of Service; (b) your access to or use of the Site, Services or Content; (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES: You agree that you are responsible for all use of your Account. You agree to comply with all applicable laws with respect to your use of the Services and Content. STOCKTRENDS may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Use of the Site or any of the Services (including any real-time exchange data services) on multiple devices (e.g. your home and work computer) simultaneously with a single subscription is strictly prohibited. Use of the Site or any of the Services for any commercial purposes whatsoever, including professional purposes, is strictly prohibited.
LAW AND JURISDICTION: The Site is controlled, operated and administered by STOCKTRENDS from its offices within Canada. STOCKTRENDS makes no representation or warranty that Site, Services or Content are appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Site in violation of applicable export laws and regulations. The Terms of Service shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada, without reference to its conflict of laws principles. The parties agree that any action, suit or proceeding arising out of or related to the Terms of Service shall be commenced in Vancouver, British Columbia, Canada. Each party hereby agrees to submit to the jurisdiction of the courts of British Columbia and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms of Service.
ARBITRATION: Any and all disputes arising out of the Terms of Service, the performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in the Terms of Service and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Commercial Arbitration Act (British Columbia), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
GENERAL: This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Service constitute the entire agreement between STOCKTRENDS and you pertaining to your use of the Site, Services and Content and supercedes any prior agreements between you and STOCKTRENDS. STOCKTRENDS' failure to insist upon or enforce strict performance of any right or provision of the Terms of Service shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any cause of action you may have with respect to your use of the Site or which is the subject of the Terms of Service must be commenced within one (1) year after the claim or cause of action arises. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No changes to the Terms of Service shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.