1. Visiting the Website
2. Changes to Terms and Website
We may at any time, without notice, revise the Terms, effective when posted, and/or change any aspect of the Website, without any liability to you. By continuing to use the Website, you agree to be bound by such revisions to the Terms and agree to periodically revisit this page to review the current version of the Terms, as modified from time to time. If you do not agree to the Terms, please do not use the Website.
3. Right to Use
The Website, including any web pages, text, photographs, images, sound, video, software, information in all forms, text, logos, graphics, icons, lay-out, and other data, elements, or information contained in the Website (the “Content”), is provided for general informational purposes only. You may view and print out web pages from the Website for personal, informational, and non-commercial use only, but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without the Operator's consent. Except as expressly permitted by the Operator, you may not use the Website or the Content for any commercial purposes whatsoever.
4. Prohibited Use of the Website
You may not use the Website to engage in any unlawful activity or to infringe the rights of the Operator, its partners, affiliates, licensors, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Website in any way or interfere with anyone's use or enjoyment of the Website (including by disrupting the normal flow of dialogue among users of the Website in any way), or use the Website to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law or regulation or any applicable rule or regulation promulgated by any securities commission or securities exchange; (iii) impersonate any person or entity on or through the Website; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from, or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Website or any of the Content other than as may be expressly permitted in writing by the Operator (and only provided you do not modify it or alter or remove any marks, disclaimers, or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Website.
5. Use of the Information on the Website
You acknowledge and agree that the Website and the Content (including, for greater certainty, User Content) is provided for general informational purposes only and that you will not use or rely upon the Website or any Content for trading, investment, or any other purposes. Neither the Operator nor any of its partners, shareholders, officers, directors, employees, consultants, or agents: (a) provides investment, tax, or other advice; (b) makes investment recommendations of any kind; (c) advocates, endorses, or recommends (i) the purchase or sale of any particular security or other financial instrument or (ii) any third party's products, services, facilities, businesses, or events (whether identified on the Website or not); or (d) makes any representations or warranties as to the reliability, financial condition, or suitability for trading, investment, or any other purposes of any of the items listed in (c).
You acknowledge that the Operator, and/or one or more of its partners, shareholders, officers, directors, employees, consultants, or agents, may own shares or other securities of the third parties mentioned or featured on the Website (including in Content posted by the Operator or in User Content) and/or have a business or other relationship with such third parties (which may include the provision of consulting, advertising, and/or other services), and that these factors may influence our perspective or provide an incentive for publishing favourable information with respect to such third parties.
You are strongly encouraged to obtain independent investment advice from a qualified person authorized to provide such advice prior to making any investment or trading decision.
6. Communicating with the Operator
We appreciate hearing from you. However, in your communications with us, please keep in mind that any communication or material you transmit to or through the Website or by e-mail or otherwise, including any data, questions, comments, creative suggestions, ideas, concepts, products, photos, marketing or promotional plans or strategies, or the like, will immediately be deemed and shall remain the exclusive property of the Operator. You understand and acknowledge that the Operator may have developed or may in the future develop ideas identical to or similar to your suggestions or comments and that the Operator is only willing to consider suggestions and ideas on the terms set forth herein. Any suggestion, idea, or comment is not submitted in confidence and the Operator assumes no obligation, express or implied, by considering it. Without limitation, the Operator shall exclusively own all now known or hereafter existing rights to such suggestions, ideas, or comments of every kind and nature and the Operator shall be entitled to unrestricted use of the same for any purposes whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, or posting, without any compensation to the provider of the suggestions, ideas, or comments.
7. Personal Information
8. Monitoring Use of the Website
9. Copyright, Trade-marks, and Other Intellectual Property Rights
Copyright: The Content is the exclusive property of the Operator or, as applicable, its licensors, suppliers, and partners, and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of the Operator's rights will result in appropriate legal action.
Trademarks: The Operator's trade-marks are valuable assets and the Operator takes infringement of them seriously. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs, and other designations within the Website are registered and unregistered trade-marks of the Operator and other parties (“Trade-marks”) in Canada and other countries. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the Website without the written permission of the Operator or the applicable Trade-mark owner. Misuse of any Trade-mark or the Content by you is strictly prohibited.
Other Rights: The Content and the Website are also protected by other Canadian and international intellectual and industrial property rights. These rights are valid and protected in all media currently existing or later developed, and all use of the Content and Website shall be in accordance with such rights and the Terms.
The Operator provides commercially reasonable security, administrative, physical, and technological measures to protect this Website. However, you acknowledge and agree that the Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and the Operator or between you and the Website cannot be ensured. The Operator is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if the Operator communicates such information to you at your request.
11. No Warranties
ALTHOUGH INFORMATION PROVIDED ON THE WEBSITE BY THE OPERATOR IS BELIEVED TO BE RELIABLE WHEN POSTED, THE OPERATOR DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED. INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN ERRORS. ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION.
THE OPERATOR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. No Liability
THE OPERATOR IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR IN RELIANCE ON THE INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF THE OPERATOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless the Operator and the partners, shareholders, officers, directors, employees, consultants, and agents of the Operator, from any and all third party claims, liability, damages, or costs they incur arising as a result of your misuse of the Website, your violation of the Terms, or your infringement of any intellectual property or other right of the Operator or any person or entity.
In addition, "CEO.CA Pro" Subscribers shall indemnify and hold harmless and defend CSE, TSX, CEG and/or Third Party Contributors, their directors, officers, employees and agents from and against any and all suits, claims, proceedings at law or in equity, and any and all liability, loss or damage, including reasonable solicitor's fees, arising out of or in connection with (i) any claim made by any Person in respect of or as a result of any non-compliance by the Subscriber with the terms and conditions of this Agreement; or (ii) any claim made by any Person arising out of or related to the Subscriber's receipt and use of the Market Data, whether authorized or unauthorized under this Agreement, including without limitation any claim in respect of delays in providing, any errors in or omissions from the Market Data, or the transmission and delivery thereof, or the termination of, or the failure to supply any of the Market Data to a Supplier.
14. Right to Terminate Access
If you breach any provision of the Terms, you may no longer access or use the Website or the Content. In addition, the Operator, in its sole discretion, may terminate your right to use the Website or the Content at any time, for any reason, without any notice to you and without any liability to you or any other person. If the Operator terminates your right to use the Website, the Terms will nevertheless continue to apply and be binding upon you in respect of your use of the Website prior to the termination, any of the Content obtained by you from the Website, and anything connected with, relating to, or arising from such matters.
15. Links to Other Sites
The Operator has not reviewed all of the websites linked from or to this Website (the “Third Party Websites”) and is not responsible or liable for the contents of any off-site pages or any other websites linked from or to this Website. The Third Party Websites are entirely independent of the Website and will not in any manner be construed as implying any affiliation with or endorsement, representation, or warranty by the Operator of the Third Party Websites or entity or the content, advertising, products, services, information, materials, opinions, or links to other sites on or available on the Third Party Websites (the “Third Party Content”). The Operator does not review or monitor the Third Party Websites and is not responsible or liable for any of the Third Party Content. You further acknowledge and agree that the Operator will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the Third Party Websites or the Third Party Content. The reproduction and use of any content linked to the Third Party Websites is subject to the conditions that the owners of the Third Party Websites may impose, and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites you visit.
16. User Content
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, and other interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “Post”), publicly or privately, to other users or other persons content or materials on or through the Website (collectively, “User Content”).
Any User Content you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant the Operator and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
(a) you own or control all rights in and to the User Content and have the right to grant the license granted above to the Operator and its licensees, successors, and assigns; and
(b) all of your User Content does and will comply with the Terms.
You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not the Operator, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
The Operator does not control or pre-screen the User Content displayed on or through the Website and does not guarantee in any way the legality, reliability, accuracy, or appropriateness of such content. The Operator shall have the right (but not the obligation) to refuse, remove, or move any User Content Posted by you or any other user of the Website, including in situations where the Operator has determined, in its sole discretion, that any User Content is unlawful, violates the Terms, or is otherwise objectionable.
The Operator is not responsible, or liable to any third party, for the content or accuracy of any User Content Posted by you or any other user of the Website.
17. No Contract or Offer
No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services. Except for your agreement to abide by the Terms, use of the Website does not create any contract or agreement between you and the Operator, or any obligation of the Operator to you.
18. Entire Agreement
The Terms constitute the entire agreement between you and the Operator with respect to the Website, the Content, and any information obtained through the Website by communication with the Operator's personnel.
19. Waiver and Severability
The Operator's failure to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or rights it may have under the Terms.
If any provision of the Terms is found to be invalid or unenforceable, then that provision will be enforced to the extent permissible, and all other provisions will remain in full force and effect.
20. Governing Law
By accessing the Website, you agree that the laws of the Province of British Columbia and the federal laws of Canada applicable therein will govern the Terms and apply to any issue that might arise regarding this Website, excluding rules of private international law that lead to the application of the laws of any other jurisdiction, and that such dispute will be settled or adjudicated in the superior courts in Vancouver, British Columbia. Access to the Website from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all laws applicable in your jurisdiction.
21. No Warranty
CEO.CA is provided "as-is" and is operated on a "best efforts" basis. You are advised that any information displayed on CEO.CA may or may not be accurate, timely, relevant, or appropriate. You are further advised that the CEO.CA is subject to service outages without prior notice. Pacific Website Co. makes no warranties or representations, whatsoever, either express or implied, including without limitation any warranties with respect to information accuracy, information timeliness, service availability, merchantability, or fitness for a particular purpose.
22. Non-Professional Definition
For the purposes of this Agreement, “Non-Professional” means any natural Person who is not a “securities professional”, in their personal capacity and not as a principal, officer, director, partner, employee or agent of any business or on behalf of any other Persons. A “securities professional” means any broker, dealer, investment advisor or Person, otherwise employed by an organization conducting professional activities involving the buying and selling of financial instruments, such as stocks, bonds, options, futures contracts or other trading vehicles. In addition, a Person shall not be considered Non-Professional if they are consultants, independent contractors, software developers or others that use Market Data for any purpose for profit other than the trading of a personal account. For greater certainty, a Non-Professional cannot be registered or qualified with:
- (a) a provincial securities commission;
- (b) the Securities Exchange Commission;
- (c) the Commodities Futures Trading Commission;
- (d) any provincial, state or other government securities agency;
- (e) any securities exchange or association; or
- (f) any commodities or futures contract market or association or perform functions that are the equivalent to those of such Persons.
23. Third Party Contributors
"CEO.CA Pro" features make use of Third Party Contributors."CEO.CA Pro" Subscribers acknowledge and agree that the Third Party Contributors are an express third party beneficiary of this Agreement and the such Third Party Contributor may enforce any rights granted to it by this Agreement in its own name against the Subscriber.