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TERMS & CONDITIONS OF SERVICE
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Stockgroup’s aim is to provide our viewers with
accurate and timely information on the US and Canadian financial
markets (hereinafter referred to as the "Tools" and / or the
"Information.") We hope you enjoy the Tools and Information and find
this service useful. Your use of the Tools and Information indicates
your agreement to the following terms and conditions of service just
as if you had submitted your acceptance. If you do not agree to be
bound by the following terms and conditions of service, please
discontinue your use of the Tools and Information.
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The
Tools and Information is owned and operated by Stockgroup
Media Inc. and its subsidiaries. The Tools and
Information contain Material which is derived in whole or in part
from Material supplied and owned by Stockgroup Media
Inc. and other sources, and is protected by copyright, trademark,
and other applicable laws. You may not distribute, resell, modify,
copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute in any way
any material from the Tools including code and software
("Material"). You may download Material from the Tools and
Information for your personal, non-commercial use only, provided you
keep intact all copyright and other proprietary notices. In the
event that you download Material from the Tools and Information,
such Material is licensed to you by Stockgroup Media
Inc. or its licensors and neither Stockgroup Media
Inc. nor their licensors, transfer title of any such Material to
you.
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Data may be delayed as
specified by the Exchanges or sources. Stockgroup Media Inc.
and its information providers furnish this information
without responsibility for accuracy and it is accepted by the Site
viewer on the condition that error in transmission or omissions
shall not be made the basis for any claim, demand or cause for
action against Stockgroup Media Inc. or any of its
information providers. Stockgroup Media Inc. believes
its data and text services to be reliable, but accuracy is not
warranted or guaranteed by Stockgroup Media Inc. or
its information providers.
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The Site includes facts, views,
opinions and recommendations of individuals and organizations deemed
of interest. Stockgroup Media Inc. and its information
providers do not guarantee the accuracy, completeness or timeliness
of, or otherwise endorse, these views, opinions or recommendations,
give investment advice, or advocate the purchase or sale of any
security or investment or any particular investment trading
strategy.
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THE TOOLS AND INFORMATION MAY
PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE
THIRD PARTY MATERIALS ON THE TOOLS AND INFORMATION. NEITHER
Stockgroup Media Inc. NOR ITS SUBSIDIARY COMPANIES NOR
SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON
THE TOOLS AND INFORMATION AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
Stockgroup Media Inc. AND ITS SUBSIDIARIES DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NEITHER Stockgroup Media
Inc. NOR ITS SUBSIDIARIES WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE TOOLS AND INFORMATION,
INCLUDING THE FORUMS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER Stockgroup
Media Inc. NOR ITS SUBSIDIARIES WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS AVAILABLE THROUGH THE TOOLS AND INFORMATION OR IN THIRD
PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR
OMISSIONS IN USING THE TOOLS AND INFORMATION, INCLUDING THE
TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO
SATISFY THE REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE
SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS
WHICH YOU REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU
(AND NOT Stockgroup Media Inc. NOR ITS SUBSIDIARIES)
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION.
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IN NO EVENT SHALL Stockgroup
Media Inc. OR ITS SUBSIDIARY COMPANIES OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE TOOLS AND INFORMATION OR WITH THE
DELAY OR INABILITY TO USE THE TOOLS AND INFORMATION, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE
TOOLS AND INFORMATION, OR OTHERWISE ARISING OUT OF THE USE OF THE
TOOLS AND INFORMATION, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF Stockgroup Media Inc.,
ITS SUBSIDIARY COMPANIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT NEITHER Stockgroup Media Inc. NOR ITS SUBSIDIARY
COMPANIES NOR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCULSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE. INDEMNIFICATION.
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As a
user of the Tools and Information you agree to defend, indemnify and
hold harmless Stockgroup Media Inc., its subsidiaries
companies, and their respective directors, officers, employees and
agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages,
costs and expenses (including reasonable attorneys fees) arising out
of or accruing from (a) any material posted or otherwise provided by
you that infringes any copyright, trademark, trade secret, trade
dress, patent or other intellectual property right of any person or
defames any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by you in connection with your use of
the Tools and Information; (c) any non-compliance by you with the
terms and conditions of this Agreement; and (d) claims brought by
persons or entities other than the parties to this Agreement arising
from or related to your access and use of the Tools and Information,
including the information obtained through the Tools and
Information.
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This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons:
- upon thirty (30) days written notice by any party of its intent to terminate this Agreement;
- immediately by Stockgroup Media Inc. for any unauthorized access or use by you, including, without limitation
- concurrent access of the Tools and Information with identical user identification,
- permitting another person or entity to use your user identification to access the Tools and Information, or
- any other access or use of the Tools and
Information except as expressly provided in this Agreement; or
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immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Tools and Information.
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Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right or relief
to which Stockgroup Media Inc. or its subsidiary
companies may be entitled, at law or in equity. Upon termination of
this Agreement, all rights granted to you will terminate and revert
to Stockgroup Media Inc. and its licensors.
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All trademarks, service marks
and trade names used on the Tools and Information are the property
of Stockgroup Media Inc. or their respective owners,
and may not be copied, downloaded or otherwise exploited without the
permission of Stockgroup Media Inc. or the owner of
such trademark, servicemark or trade name.
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If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Tools and Information, you agree that you shall be solely responsible for:
- the online conduct of such Minor;
- monitoring such Minor's access to and use of the Tools and Information; and
- the consequences of any use of the Tools
and Information by such Minor.
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Stockgroup Media
Inc. reserves the right to amend this Agreement, and to modify, add
or discontinue any aspect, content, or feature of the Tools and
Information. Such amendments, modifications, additions or deletions
shall become effective upon notice thereof, which may be provided to
you by posting on the Tools and Information, via e-mail or any other
reasonable means. Continued use of the Tools and Information by you
shall be deemed to indicate your acceptance of any such amendments,
modifications, additions or deletions.
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This agreement shall be
governed by and construed in accordance with the laws of the State
of New York without giving effect to any principles of conflicts of
law. You may not assign any of your rights, obligations or
privileges hereunder without the prior written consent of Stockgroup
Media Inc.. Any assignment other than as provided for
in this Section shall be null and void. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any
remaining provisions. This Agreement and any posted operating rules
constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the
parties with respect to such subject matter. No waiver by either
party of any breach or default hereunder shall be deemed a waiver of
any subsequent breach or default. The titles and subtitles used in
this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
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