Last updated January 31, 2021.
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.
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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.
PROPRIETARY RIGHTS:
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.com, 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.
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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.
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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.
CHANGES: STOCKTRENDS reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms of Service, including the Privacy Policy, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted at the Site. Please check these Terms of Service regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Site and the Services immediately and you may cancel your subscription. Your continued use of the Site or the Services after any such changes are posted will constitute acceptance of those changes. Further, STOCKTRENDS reserves the right to change, modify, suspend or discontinue any aspect of the Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
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.