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Disclaimer


Disclaimer

Stockhouse - Important Disclaimers and Legal Information

General Notice and Disclaimer

This notice and disclaimer applies to the Stockhouse Network of Sites operated by Stockhouse Publishing Ltd., a company continued under the laws of the British Columbia, Canada and its subsidiaries, affiliates, assigns, successors and related entities ("Stockhouse").

The Stockhouse Network of Sites is an on-line newspaper focusing on financial information. Stockhouse does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Stockhouse Network of Sites (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. In particular, none of the Materials is provided on the Stockhouse Network of Sites with a view to inviting, inducing or encouraging any person to make any kind of investment decision. Securities or other investments referred to in the Materials may not be suitable for you and you should not make any kind of investment decision in relation to them without first obtaining independent investment advice from a person authorised to give it.

The Service, Materials and Products provided through the Stockhouse Network of Sites or any of its affiliates, including but not limited to Dow Jones & Company, Inc., are solely and strictly for your personal and non-commercial use. You may not save, or permit any third party to save, any Materials or any portion thereof for use with any information retrieval and/or provision service. Except to the extent you download and print Materials for your personal and non-commercial use, you may not modify, reproduce, distribute, transmit, disseminate, process, publish, license, create derivative works from, provide any third party access to, transfer, assign, or sell any of the Materials, Services or Products, including stock quotes and news, obtained from the Stockhouse Network of Sites. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.

Stockhouse reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. Materials may be delayed as specified by Stock Exchanges and other sources. Stockhouse specifically represents that it does not give investment advice or advocate the purchase or sale of any security or investment. None of the information contained in the Materials constitutes an offer to sell or the solicitation of an offer to buy any security or other investment or an offer to provide investment services of any kind. Stockhouse and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on the Stockhouse Network of Sites and affiliated websites, may from time to time, have long or short positions in, and buy and sell the securities or derivatives (including options) of companies mentioned in proprietary content on the Stockhouse Network of Sites and affiliated websites.

THE SERVICE AND THE MATERIALS ARE PROVIDED BY STOCKHOUSE AND OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS, AND STOCKHOUSE AND OTHER INFORMATION PROVIDERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL STOCKHOUSE AND OTHER INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS

Third Party Content. Stockhouse is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Stockhouse has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of The Stockhouse Network of Sites, are those of the respective author(s) or distributor(s) and not of Stockhouse. Neither Stockhouse nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Stockhouse encourages you to exercise discretion while browsing the Internet using the Stockhouse Network of Sites. Stockhouse makes no representations concerning any endeavour to review the content of the Stockhouse Network of Sites or any of the Materials, and so Stockhouse is not responsible for the accuracy, copyright compliance, or legality of material contained in the Stockhouse Network of Sites or in the Materials.

The Stockhouse Network of Sites is not directed at persons who are residents of any country where dissemination of any of the information contained on the Stockhouse Network of Sites is not permitted.

Content Provided by QuoteMedia

In addition to the areas covered in the Stockhouse "Disclaimer" and all parts therein, portions of the data provided on the Stockhouse Network of Sites and subscription services is provided by and subject to the Conditions of Use as set out by QuoteMedia and available to view online at http://www.quotemedia.com/legal/tos.php

Privacy Policy

Stockhouse believes that you should understand how we use the information you provide and furthermore that you should have the right to approve the use of that information. In handling your information Stockhouse follows a policy of "informed consent". In using the varied features of the Stockhouse Network of Sites, you may provide information (such as name, contact information, or other registration information) to Stockhouse, service providers, or other businesses you contact. Stockhouse and these entities may use or disclose, and you agree that Stockhouse may use or disclose, this information and technical information about your use of the Stockhouse Network of Sites, or communicate separately with you. Stockhouse will not provide information to companies you have not interacted with, and we prohibit the companies that get such information from selling or redistributing it without your prior notice. Stockhouse will not disclose your personal information, except as described in the full Privacy Policy, and Stockhouse will not disclose information to others that would connect your user name with your actual name unless Stockhouse is compelled to by law. or in other circumstances listed in our full Privacy Policy. In our sole discretion we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.

Stockhouse intends this policy to reduce uninvited use of your personal information. If, however, you do not want to receive any future communications from Stockhouse, please contact us via our feedback form and we will do our best to avoid such communications.

This is a summary of our full Privacy Policy. We encourage you to read the full Privacy Policy.

Intellectual Property

Stockhouse respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. Stockhouse may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.

Stockhouse.com, the Stockhouse.com logo, Bullboards.com, and the Bullboards.com logo and all other uses, including country specific references and/or usage of the names Stockhouse and Bullboards are trademarks of Stockhouse Publishing Ltd.

Opt-out policy

User agrees that by registering as a member to the Stockhouse community, Stockhouse has the right to send the users email as Stockhouse sees fit and user agrees to accept that email as a part of Stockhouse terms of use. Stockhouse will provide an unsubscribe function on all emails as well as on each Stockhouse My Profile page.

User Information Modification Policy

Stockhouse offers members the ability to correct or change the information collected during registration. Members who wish to change such information should login to their membership by selecting the Sign In link at the top of each page and then selecting their Member Name and then the My Profile option.

Unsubscribe Policy

Members may unsubscribe to any of Stockhouse's electronic newsletters at any time by following the instructions contained at the end of every newsletter or alternatively by following the instructions at subscriptions tab in the My Profile section.

Terms of Use

Welcome to the Stockhouse Network of Sites, providing web-based financial analytics, aggregated third party financial content, user-generated content and collaborative technologies, operated by Stockhouse Publishing Ltd., a British Columbia corporation, and its subsidiaries, affiliates, assigns, successors and related entities ("Stockhouse").

By accessing and/or using any of the Stockhouse Network of Sites and/or any information, data, content, views, opinions, recommendations, photos, messages, notes, text, ideas, concepts, claims, statements, video, music, advertising, listing, works of authorship and/or any other information, materials and the like (collectively, the "Site Content") and/or any tools, applications and the like (collectively, the "Applications") contained on, distributed through and/or linked, downloaded or accessed from any of the services contained on any of the Stockhouse Network of Sites (collectively, the "Services"), you signify that you have read, understand and agree to be bound by these Terms of Use, Stockhouse's Privacy Policy and any other general rules, practices, policies, limits and/or restrictions applicable to your use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services (collectively, the "Agreement").

Stockhouse reserves the right, at Stockhouse's sole discretion and at any time, to change, modify, add or delete portions of the Agreement without further notice. Any such revised Agreement will be posted on the Stockhouse Network of Sites and the date at the top of the page will indicate the date when the Agreement was last revised. Your access or use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, after any such revision constitutes your acceptance of the revised Agreement. If you do not agree to the current or any future revised Agreement, do not access and use (or continue to access and use) any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services. Because of this, it is important that you regularly check the Agreement to determine if there have been any revisions to the Agreement.

The Stockhouse Network of Sites is not directed at persons who are residents of any country where dissemination of any of the information contained on any of the Stockhouse Network of Sites is not permitted.

PLEASE READ THE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING WITHOUT LIMITATION VARIOUS LIMITATIONS AND EXCLUSIONS AND VARIOUS DISPUTE RESOLUTION RELATED PROVISIONS THAT GOVERN HOW VARIOUS DISPUTES WILL BE RESOLVED.

GENERAL NOTICE CONCERNING YOUR USE OF THE STOCKHOUSE NETWORK OF SITES

Certain portions of the Stockhouse Network of Sites serve as a forum for users of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services ("Users"), to share financial and investment information. With respect to Site Content supplied by such Users and other Site Content provided by third parties, including without limitation content and information providers ("Information Providers"), Stockhouse is a distributor (and not a publisher or editor) of such Site Content. Stockhouse does not control any such Site Content and does not endeavour nor is it obligated to review any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services. As such, Stockhouse has no more editorial control over such Site Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, information or other Site Content expressed or made available by any third parties, including without limitation Users and/or Information Providers, are those of the respective author(s) or distributor(s) and not of Stockhouse.

In addition, Stockhouse takes no responsibility for the availability, timeliness, reliability, accuracy, integrity, security, usefulness and/or quality of any such Site Content supplied by Users and/or Information Providers nor for any investment decisions that you might make based on such Site Content. You should always use caution and common sense in using any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, and obtain independent investment advice from persons authorized to give it, before investing.

PLEASE NOTE: SITE CONTENT IS INTENDED AS GENERAL INFORMATION AND NOT INFORMATION THAT YOU SHOULD RELY ON FOR INVESTMENT OR TRADING PURPOSES. STOCKHOUSE AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS AND THE LIKE ("REPRESENTATIVES") DO NOT GIVE ANY TAX OR ANY INVESTMENT ADVICE NOR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. ANY REFERENCE TO PRODUCTS, SERVICES, AND THE LIKE ON OR THROUGH ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, DOES NOT CONSTITUE NOR IMPLY ANY RECOMMENDATION OR ENDORSEMENT THEREOF OR ANY AFFILIATION WITH STOCHOUSE AND/OR ITS REPRESENTATIVES.

NONE OF THE SITE CONTENT CONSTITUTES AN:

  1. OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY BY STOCKHOUSE AND/OR ITS REPRESENTATIVES ANY SECURITY OR OTHER INVESTMENT;
  2. OFFER BY STOCKHOUSE AND/OR ITS REPRESENTATIVES TO PROVIDE INVESTMENT SERVICES OF ANY KIND; AND/OR
  3. INVITATION, INDUCEMENT OR ENCOURAGEMENT BY STOCKHOUSE AND/OR ITS REPRESENTATIVES TO ANY PERSON TO MAKE ANY KIND OF INVESTMENT DECISION.

SECURITIES OR OTHER INVESTMENTS REFERRED TO IN ANY SITE CONTENT MAY NOT BE SUITABLE FOR YOU AND YOU SHOULD NOT MAKE ANY KIND OF INVESTMENT DECISION IN RELATION TO THEM WITHOUT FIRST OBTAINING INDEPENDENT INVESTMENT ADVICE FROM A PERSON AUTHORISED TO GIVE IT. FROM TIME TO TIME, STOCKHOUSE AND ITS REPRESENTATIVES, INCLUDING WITHOUT LIMITATION PERSONS INVOLVED IN THE PREPARATION OF CERTAIN STOCKHOUSE SITE CONTENT, MAY HAVE LONG OR SHORT POSITIONS IN, AND BUY AND SELL THE SECURITIES OR DERIVATIVES (INCLUDING OPTIONS) OF COMPANIES MENTIONED IN SITE CONTENT.

ELIGIBILITY FOR MEMBERSHIP

Use of and membership in any of the Stockhouse Network of Sites, including without limitation any Site content, Applications and/or Services, is void where prohibited. Access to and use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, are intended solely for persons who can form legally binding contracts under applicable law and who have lawful Internet access. Without limiting the foregoing, the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, are not intended for individuals under the age of 19, or age of majority in your jurisdiction of residence, whichever is less; if you do not qualify, please do not use any of them.

You are responsible for obtaining lawful Internet access, including without limitation your responsibility for any equipment necessary to access the Internet and the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, and for any third party fees (such as Internet service provider or carrier airtime, messaging, data and other rates and fees) associated with such access.

REGISTRATION DATA AND PASSWORDS.

In consideration for your access to and use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, as permitted hereunder, you agree to:

  1. provide such true, accurate, current and complete information about yourself as may be requested, required or prompted by any registration forms or otherwise provided by you during your registration to access and use any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services ("Registration Data");
  2. maintain and promptly update any Registration Data and any other information submitted to Stockhouse to keep it true, accurate, current and complete;
  3. be responsible for the confidentiality, security and use of your account, username, other identification and password;
  4. not disclose to or share your password with any third parties or use your password for any unauthorized purpose; and
  5. be responsible for any use of your account and any actions taking place using your account. You acknowledge that accessing and using any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, on two or more computers simultaneously, using the same account, username, other identification and/or password, is in violation of this Agreement. You agree to notify Stockhouse immediately of any loss, theft, or unauthorized use of your account, username, other identification and/or password. The password associated with your account is the property of Stockhouse and is not your personal information.

SUBSCRIPTION SERVICES

  1. Stockhouse reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue any subscription service, in whole or in part, including but not limited to changing service provider, content creators, writers editors, delivery method. Stockhouse may also impose limitations or restrictions upon and may revoke your access to and your use of any subscription service, in whole or in part, without prior notice.
  2. Prices on all products are subject to change without notice. Subscribers with auto renewing subscriptions that are subject to a price change will be sent an electronic notification outlining the general product price changes. You can cancel as long as you have notified us within the limitations set out for your specific product.
    1. In addition to other conditions contained her in, you agree to the following terms when you subscribe to Stockstream service:
    2. Stockstream products are billed monthly without proration on a non-refundable and non-transferable basis.
    3. On the 25th of each month you will be charged in advance for the upcoming month. Purchases made on or after the 25th of the month require immediate payment for both the current and upcoming month.
    4. All subscriptions will auto renew until the service is canceled as outlined.
    5. You must cancel service by 6:00 pm ET on the last day of the month in which you wish to discontinue the Service. Cancelation must be effected prior to this time or the Service will automatically renew for another period with all fees due and payable. Cancellation of service must be affected by logging into stockhouse.com with the membership login you use to access the service and choosing the “cancel” option available in the subscription management area. An electronic confirmation of cancelation with accompanying code will be displayed and must be kept to be presented as proof of successful cancelation should any future dispute arise. You may request assistance in canceling your subscription by sending an email from your registered email address with the relevant account information to support@stockhouse.com. After the support staff successfully cancel your subscription on your behalf they will provide confirmation of successful cancelation. The act of your sending this request does not affect your responsibility to cancel the service through the self-service method and will only be considered valid after Stockhouse has sent you a confirmation of cancelation. Stockhouse makes no warranty that cancelation requests submitted by email will be processed prior to the auto renewal cut off.
    6. No partial month refunds for product Service will be given. Refunds will not be given for any Service after the start date of that service.
    7. If a new or renewing service is canceled prior to 6:00 pm ET on the last day of the month in which you wish to discontinue the Service but after billing takes place on the 25th you will be eligible for a refund on the unused service.
    8. Address/email contact changes must be made online in the My Profile are of Stockhouse.com within 15 days of any change in order to comply with Exchange regulations. Your email address must be kept valid and up to date.
    9. Your subscription entitles you to display Stockstream Content and Information from one (1) location at a time, on one (1) display device at a time, keeping all copyright and other notices on Stockstream, Content and Information.
    10. Stockstream is provided exclusively for your personal, non-professional and non-commercial access and use. You agree not to modify, copy, publish, transmit, upload, post, broadcast, license, relicense, participate in the transfer or sale of, reproduce, create derivative works from, decompile, reverse engineer, disassemble, distribute, redistribute, perform, display or in any way exploit Stockstream, Content and Information or any feature thereof.
    11. All Billing Assistance will be conducted by email. Stockhouse does not provide billing assistance over the telephone. If billing assistance is required please visit http://support.stockhouse.com or email support@stockhouse.com with an explanation regarding your enquiry.
    12. All Technical/Product Support will be provided directly by the support team at QuoteMedia. QuoteMedia is unable to answer any billing issues or questions relating to accessing your Stockhouse Member Account. Ensure you are able to sign into your member account on the Stockhouse website prior to contacting Quotemedia for product assistance. To contact QuoteMedia Technical Support you may email contactus@quotemedia.com or phone 1-877-367-5970.
  3. In addition to other conditions contained her in, you agree to the following terms when you subscribe to Ticker Trax premium newsletter service:
    1. All subscriptions will auto renew at full price for the same period of time originally committed (monthly, yearly or other) until you cancel your subscription.
    2. Any discounts, coupons or other promotions will only apply to the first period of your subscription. Renewals will be billed at full price
    3. Refunds for Ticker Trax are issued only if Stockhouse has received a cancelation request within these limits;
    4. If within the first 30 days of a NEW subscription you are not satisfied with the service you may cancel your subscription and request a refund.
    5. If canceling a renewing subscription within 14 days after the automated renewal you can request a full refund.
    6. Cancelations may be affected by using either the self-serve process under Manage My Subscription in the Ticker Trax menu or by emailing support@stockhouse.com
    7. Ticker Trax is delivered electronically by direct access through your member account on Stockhouse.com. In addition, complimentary delivery to your registered member email address may occur however Stockhouse does not guarantee delivery to your email address as there are limiting factors inherent in any email network. Please contact support@stockhouse.com if you have concerns with email delivery.

PERMITTED USE OF ANY STOCKHOUSE NETWORK OF SITES

The Stockhouse Network of Sites, including without limitation any Site Content (other than User Content as defined elsewhere in the Agreement), Applications and/or Services, are owned by Stockhouse, its licensors and/or its information providers, as applicable, with all rights reserved. The Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, are for your personal and non-commercial use only and may not be used in connection with any commercial endeavors, except those that are specifically pre-approved in writing by a duly authorized representative of Stockhouse.

Provided that you are eligible and Stockhouse has granted you any necessary membership(s), authorization(s) and/or other rights to access and use any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, to the extent permitted herein and during the term of this Agreement, you are granted a limited, non-exclusive, revocable, non-assignable and terminable license (with no sublicense rights) to:

  1. access and use the same authorized Stockhouse Network of Sites;
  2. download or print a copy of any portion of permitted and authorized Site Content to which you have properly gained access solely and strictly for your personal and non-commercial use, provided that you keep any copyright or other proprietary rights notices intact; and
  3. to access and use any permitted and authorized Applications and/or Services to which you have properly gained access solely and strictly for your personal and non-commercial use. This license is revocable at any time without notice and with or without cause.

Any use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, other than as specifically authorized herein, without the prior written permission of Stockhouse, is strictly prohibited and will terminate any license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring any license to intellectual property rights of Stockhouse and/or any third parties, including without limitation any of Stockhouse's licensors and/or information providers, whether by estoppel, implication or otherwise.

STOCKHOUSE NETWORK OF SITES PROHIBITED USER CONTENT AND CONDUCT

You will not and will not permit any third party to:

  1. copy, upload or republish any Site Content (other than your User Content as defined elsewhere in the Agreement), Applications and/or Services, or any portion thereof, onto any Internet, Intranet or Extranet site and/or incorporate any of the same into any other database or compilation;
  2. copy, upload or republish any Site Content, Applications and/or Services, or any portion thereof, for use with any information retrieval and/or provision service;
  3. except to the extent you download and print permitted and authorized Site Content to which you have properly gained access and/or access and use any permitted and authorized Applications and/or Services to which you have properly gained access, solely and strictly for your permitted personal and non-commercial use hereunder and except for your User Content (as defined elsewhere in the Agreement), copy, modify, reproduce, distribute, frame, transmit, download, upload, disseminate, process, publish, license, sell, create derivative works from, provide any third party with access to, transfer, assign, sell and/or exploit for any commercial purpose any of the Site Content, Applications and/or Services, or any portion thereof, obtained or accessed from any of the Stockhouse Network of Sites;
  4. harvest or collect e-mail addresses, contact or other personal information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  5. use any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, in any unlawful manner and/or with any device, software, routine or in any other manner that could:
    1. interfere with the proper working of, damage, disable, overburden or impair any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services,
    2. restrict or inhibit any other person from accessing, using or enjoying any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services;
    3. impose an unreasonable or disproportionately large load on Stockhouse's infrastructure; and/or
    4. expose Stockhouse, Its Representatives, its licensors, its Information Providers, its distribution partners and/or its Users to any harm or liability of any type;
  6. use any automated scripts, automated query systems, data mining, robots or similar data gathering or extraction methods to collect information from or otherwise interact with any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services. Any such use is strictly prohibited and will result in immediate termination of your access and use of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services;
  7. intentionally or unintentionally encourage or provide instructions for a criminal offense, violate the rights of any party, and/or otherwise create liability or violate any applicable local, state, provincial, national or international law, including without limitation any applicable securities and/or export control laws;
  8. post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, any of Your Information, including without limitation User Content (as defined elsewhere in the Agreement), that is or that Stockhouse deems to be false, misleading, unlawful, promoting unlawful or criminal activities, harmful, threatening, defamatory, libelous, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, sexually exploitive, hateful and/or racially, ethnically or otherwise objectionable;
  9. register for more than one user account, register for a user account on behalf of an individual other than yourself, register for a user account on behalf of any group or entity, use or attempt to use another's account, service or system without prior written authorization from Stockhouse and/or create a false identity on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services;
  10. impersonate any person or entity, use a false name or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  11. post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  12. post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security, Social Insurance or equivalent numbers and/or credit card numbers;
  13. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  14. post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
  15. intimidate or harass another.

STOCKHOUSE, ITS LICENSORS' AND INFORMATION PROVIDERS' INTELLECTUAL PROPERTY RIGHTS

"Stockhouse", "Bullboards" and other Stockhouse logos, designs, icons, graphics, scripts and the like are registered trademarks and/or trademarks of Stockhouse in Canada, the United States and/or other countries. As such, you shall not:

  1. copy, imitate, alter or use them and/or any other Stockhouse trade names or service marks, in whole or in part, without Stockhouse's prior written permission; and/or
  2. use them and/or any other Stockhouse trade names or service marks, in whole or in part, in connection with any other product or service or in any way likely to cause confusion in the minds of others.

You also understand and agree that you have no right, title and interest in and to, any of the Stockhouse Network of Sites, including without limitation any Site Content (other than your User Content as defined elsewhere in the Agreement), Applications and/or Services, and/or any associated intellectual property (as applicable), including without limitation:

  1. Stockhouse's trademarks, trade names, service marks, domain names and the like, in whole or in part; and/or
  2. any of the components, processes, software, content, information and/or data associated with any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services.

You further agree that you will not, except as otherwise permitted by this Agreement while it is in effect, disclose, make use of, sell or otherwise violate or infringe upon any of Stockhouse's, its licensors' and/or its information providers' intellectual property or any derivatives thereof, it being specifically understood that such intellectual property is owned solely and exclusively by Stockhouse, its licensors and/or information providers, as applicable.

Your use of certain of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, may require your agreement to additional terms established by Stockhouse or other third parties, such as licensors and information providers; to the extent of any inconsistency between the Agreement and such additional terms with respect to any such Site Content, Applications and/or Services, such additional terms shall govern.

You hereby acknowledge and agree that any market data information provided is:

  1. the property of the various information providers, such as securities exchanges, and therefore may be subject to conditions of use, formatting, modification, transmission, delay and the like by such information providers; and
  2. is controlled by all copyright and other interests maintained by such information providers.

You agree that upon any violation of this covenant, Stockhouse shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages, at law and in equity, to which Stockhouse may be entitled. This covenant is independent of any other covenant, term or condition of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for the giving of this covenant, Stockhouse would not have entered into this Agreement.

YOUR INFORMATION

The term "Your Information" includes without limitation:

  1. any of your information, data, content, views, opinions, recommendations, photos, messages, notes, text, ideas, concepts, claims, statements, video, music, advertising, listing, works of authorship and/or any other materials and the like (collectively, "User Content") that you may upload, publish, display, transmit, share, store and/or otherwise make available (hereinafter "post") on or through any of the Stockhouse Network of Sites, including without limitation
    1. on or through any Site Content, Applications and/or Services,
    2. on or through any public message area on any of the Stockhouse Network of Sites, and/or
    3. on or through any email feature of any of the Stockhouse Network of Sites; and
  2. any of your Registration Data.

With respect to Your Information, you agree that:

  1. you are solely responsible for Your Information, including without limitation any User Content that you post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services; however, Stockhouse reserves the right to take any action, including without limitation deletion or removal (without notice), with respect to Your Information that Stockhouse deems necessary or appropriate, in its sole discretion;
  2. you shall not post any User Content or other information on or through any of the Stockhouse Network of Sites, including without limitation any Services, Site Content and/or Applications, that you did not create or that you do not have permission to so post;
  3. Stockhouse may, but is not obligated to, review any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services and may delete or remove (without notice) any User Content at its sole discretion, for any reason or no reason, including without limitation any User Content that, in Stockhouse's sole discretion, violates the Agreement or which might otherwise be offensive, illegal, or that might violate the rights, harm or threaten the safety of other users of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or any other third parties. You are solely responsible, at your sole cost and expense, for creating backup copies of any of Your Information, including without limitation any User Content, that you post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, and/or otherwise provide to Stockhouse; and
  4. the Services may include certain communications from Stockhouse and other third parties, such as service announcements, administrative messages, news releases, alerts and the like that are considered part of your permitted access to and use of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services. While Stockhouse gives Users options, where necessary and/or practical, with respect to opting-out of or unsubscribing to certain communications, you may not be able to opt out of receiving certain service announcements and administrative messages.

OWNERSHIP OF USER CONTENT AND LICENSE GRANTED TO STOCKHOUSE

You represent and warrant that:

  1. you own any User Content posted by you on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or otherwise provided by you to Stockhouse, directly or indirectly, or otherwise have the right to grant the license set forth in this Agreement;
  2. your posting of any of your User Content on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or otherwise providing such User Content to Stockhouse, directly or indirectly, does not violate the privacy, publicity, intellectual property, contract or any other rights of any person or entity, or any applicable local, state, national or international law, including applicable securities law; and
  3. you will be responsible for and will pay any royalties, fees or other monies owed to any person or entity by reason of any User Content posted by you on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or otherwise provided by you to Stockhouse, directly or indirectly,.

Stockhouse does not claim any ownership in any User Content that you may post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or may otherwise provide to Stockhouse, directly or indirectly. However, by posting any User Content on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and or Services, or by otherwise providing any User Content to Stockhouse, directly or indirectly, you grant to Stockhouse a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, assignable, non-terminable license (with corresponding sublicense rights) ("License") to:

  1. use, copy, modify, adapt, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and/or distribute such User Content, in whole or in part, for any purpose on or in connection with any of the Stockhouse Network of Sites, including without limitation any Services, Site Content and/or Applications, or the promotion thereof;
  2. prepare derivative works of such User Content, in whole or in part; and/or
  3. incorporate User Content, in whole or in part, into other works, and to grant sublicenses with respect to the same, in any media now known or not currently known. Effective upon creation, you also waive any moral rights that you may have in and to any User Content posted by you on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or otherwise provided by you to Stockhouse, directly or indirectly, as against any person.

Without this License, Stockhouse would be unable to provide certain Site Content and/or Services. You may remove your User Content posted by you on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or otherwise provided by you to Stockhouse, directly or indirectly, from any of the Stockhouse Network of Sites at any time, together with written notice of your desire to terminate the License to Stockhouse, in which case this License will terminate, except with respect to copies of your User Content, in whole or in part, otherwise lawfully retained by Stockhouse and/or other third parties and/or any of Your User Content provided to any third parties under a sublicense from Stockgoup, as permitted hereunder, prior to such removal and request for termination of the License by You.

USER DISPUTES

You are solely responsible for your interactions with other Users of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services. Stockhouse does reserve the right, but has no obligation, to monitor disputes between any Users.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE STOCKHOUSE AND ITS REPRESENTATIVES FROM, AND WAIVE ANY RIGHTS THAT YOU MAY HAVE AGAINST STOCKHOUSE AND ITS REPRESENTATIVES BY REASON OF ANY COMMON LAW OR STATUTE APPLICABLE AT THE TIME OF THE DISPUTE WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, OF ANY KIND AND NATURE, INCLUDING WITHOUT LIMITATION DEFAMATION, SLANDER AND LIBEL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF AND/OR POSTING OF ANY USER CONTENT TO ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES.

CHANGE IN STOCKHOUSE NETWORK OF SITES AND/OR SITE CONTENT.

Stockhouse may, at any time and in its sole discretion, add, delete or change in any manner any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or any portion thereof. In addition, you agree that Stockhouse may:

  1. establish general rules, practices, policies, limits and/or restrictions concerning your use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or any portion thereof the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or any portion thereof ;
  2. change these general rules, practices, policies, limits and/or restrictions at any time, in its sole discretion, with or without notice; and/or
  3. terminate User accounts or memberships that are inactive for a certain period of time as determined by Stockhouse. Stockhouse may also, in its sole discretion and without any obligation, delete, remove, make changes to and/or correct any error or omissions in any portion of any Site Content, including without limitation your User Content.

COMPLAINTS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT AND VIOLATIONS OF AGREEMENT

You may not post on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, any materials that violate another party's copyrights, trademarks and/or other intellectual property rights. When Stockhouse receives proper notification of alleged copyright, trademark and/or other intellectual property infringement from the copyright, trademark and/or other intellectual property owner or such owner's legal agent, Stockhouse's policy is to remove or disable access to the allegedly infringing material.

If you reasonably believe that any User Content or other material posted on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, infringes upon any copyright, trademark and/or other intellectual property which you own or control, please provide Stockhouse with the following information:

  1. an electronic or physical signature of the copyright, trademark and/or other intellectual property owner or person authorized to act on behalf of the owner of the same;
  2. a description of the copyrighted work, trademark and/or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is posted on or through any of the Stockhouse Network of Sites, including without limitation any Services, Site Content and/or Applications;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark and/or other intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark and/or other intellectual property owner or authorized to act on such owner's behalf.

If you wish to make a complaint regarding a possible violation of the Agreement by any User conduct and/or any User Content or other material posted on or through any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, you may either:

  1. use the "report abuse" feature on the BullBoards forum on any of the Stockhouse Network of Sites, if the complaint involves User Content posted to such a BullBoards forum; or
  2. provide Stockhouse with the following information:
    1. a description of the User conduct and/or User Content or other material that you claim violates the Agreement;
    2. a description of where any User Content or other material that you claim violates the Agreement is posted on any of the Stockhouse Network of Sites;
    3. the username of the User violating the Agreement and/or posting such User Content or other materials;
    4. the time and date of such posting; (v) any posting number or other identification associated with such User conduct and/or User Content or other material;
    5. your name, address, telephone number, and email address; and
    6. a written statement by you as to why you believe the User conduct and/or User Content or other material violates the Agreement.

Stockhouse's address for notice of claims of copyright infringement or for any complaints regarding a possible violation of the Agreement is as follows:

Stockhouse Publishing Ltd., 1185 West Georgia Street, Suite 1625, Vancouver, British Columbia, V6E 4E6 : Facsimile: (604) 642-0899 Attn: Member Support; and email: support@stockhouse.com.

All such rules and procedures shall be subject to modification, at the sole discretion of Stockhouse, at any time.

REPEAT INFRINGER AND VIOLATOR POLICY

Stockhouse may also, in appropriate circumstances and at its sole discretion:

  1. terminate or suspend your membership; and/or
  2. limit your access to and/or use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, in both cases if either
  3. Stockhouse deems that you have infringed the copyright and other intellectual property rights of others, whether or not there is any repeat infringement; and/or
  4. Stockhouse deems that your conduct and/or User Content has violated this Agreement, whether or not there is any repeat violation.

PRIVACY

In order to enable Stockhouse to use your Registration Data and any other personal information provided by you to Stockhouse in connection with your access to and use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, without violating any of your rights with respect to your Registration Data and such other personal information, in addition to any other rights granted elsewhere in the Agreement, you consent to the collection, storage, use and/or disclosure of your Registration Data and such other personal information by or on behalf of Stockhouse, as set forth in Stockhouse's Privacy Policy, including without limitation, Stockhouse:

  1. maintaining and/or disclosing Your Information, if Stockhouse reasonably believes such preservation and/or disclosure is:
    1. required under applicable law;
    2. necessary to enforce the Agreement;
    3. necessary to respond to claims by third parties respecting any of Your Information; and/or
    4. necessary to protect the rights, property, or personal safety of you, Stockhouse, other users any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services and/or other third parties; and/or
  2. transferring Your Information to and from Canada and/or other countries for storage, processing and use by Stockhouse in order to provide you with access to and use of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services

Stockhouse's Privacy Policy can be viewed by clicking here.

ADVERTISERS AND LINKS TO THIRD PARTY SITES

You agree that any of your communications or dealings with or participation in promotions of advertisers found on or any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, including without limitation your display, acquisition, use and/or delivery of and/or payment for any related content, advertising, goods, services, information or other materials (collectively, the Products"), and any other terms, warranties, representations, covenants, conditions or the like associated with any such dealings, are solely between you and such advertiser.

YOU AGREE THAT STOCKHOUSE, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AND/OR ANY THIRD PARTY AS A RESULT OF SUCH PRODUCTS, DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES.

The Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services Service may provide, or third parties may provide, links to other Internet sites or resources. Stockhouse has no control over such sites and resources.

YOU AGREE THAT STOCKHOUSE, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING: (A) THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY PRODUCTS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES; AND/OR (B) ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH PRODUCTS AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

DISCLAIMERS

In addition to any other disclaimers found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law that:

  1. YOUR ACCESS TO AND USE OF ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, SHALL BE AT YOUR SOLE RISK. THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STOCKHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACURACY, TIMELINESS AND NON-INFRINGEMENT, WITH RESPECT TO THEM; AND/OR
  2. STOCKHOUSE, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING:
    1. THE AVAILABILITY, TIMELINESS, RELIABILITY, ACCURACY, INTEGRITY, SECURITY, USEFULNESS AND/OR QUALITY OF ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT), APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
    2. THE COPYRIGHT COMPLIANCE AND/OR LEGALITY OF ANY USER CONTENT;
    3. THE CORRECTION OF ANY ERRORS IN ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
    4. ANY COMMENTS, RATINGS, RANKINGS AND/OR THE LIKE OF ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CONTENT, BY STOCKHOUSE, ANY OTHER USERS AND/OR ANY THIRD PARTIES OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN OR IN CONNECTION WITH ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
    5. ANY ENDEAVOUR BY AND/OR OBLIGATION OF STOCKHOUSE TO MONITOR OR REVIEW ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
    6. ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT AND/OR DESTRUCTION WITH RESPECT TO ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
    7. ANY UNAUTHORIZED ACCESS TO AND/ OR ALTERATION OF ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
    8. ANY USER COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET AT ANY SITE OR COMBINATION THEREOF; AND/OR
    9. ANY INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM ANY ACCESS TO AND/OR USE OF ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SERVICES, SITE CONTENT AND/OR APPLICATIONS;

LIMITATION ON LIABILITY

In addition to any other limitation of liability found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law:

  1. IN NO EVENT SHALL STOCKHOUSE, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS' BE LIABLE (JOINTLY OR SEVERALLY) TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, BUSINESS OR GOODWILL, ARISING FROM AND/OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF ANY OF THE STOCKHOUSE NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR PRODUCTS, EVEN IF STOCKHOUSE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE AND WHETHER IN CONTRACT, TORT OR OTHERWISE; AND/OR
  2. IN NO EVENT SHALL STOCKHOUSE, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS' BE LIABLE (JOINTLY OR SEVERALLY) TO YOU AND/OR ANY THIRD PARTY FOR ANY USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THE MALFUNCTION OF YOUR ELECTRONIC OR MECHANICAL EQUIPMENT, PERSONAL COMPUTER AND ANY LINES THERETO, THEFT, OPERATOR ERRORS, OR DUE TO ANY "FORCE MAJEURE" (E.G., SEVERE WEATHER, EARTHQUAKES, FLOOD, FIRE OR OTHER ACTS OF GOD), STRIKES OR OTHER LABOUR PROBLEMS, OR TO ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF STOCKHOUSE OR ANY THIRD PARTY; AND/OR
  3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL STOCKHOUSE'S, ITS REPRESENTATIVES', ITS INFORMATION PROVIDERS' AND/OR ITS DISTRIBUTION PARTNERS' LIABILITY FOR ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO STOCKHOUSE FOR YOUR ACCESS TO AND USE OF THE STOCKHOUSE NETWORK OF SITES, INCLDUING WITHOUT LIMITATION SITE CONTENT, APPLICATIONS AND/OR SERVICES, HEREUNDER IN THE PRECEDING SIX (6) MONTH PERIOD; OR (B) FIVE CANADIAN DOLLARS ($5 CDN).

PLEASE NOTE: CERTAIN LAWS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATION AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY. IF SUCH LAWS APPLY TO YOU, THEN PORTIONS OR ALL OF THE ABOVE DISLAIMERS AND LIMITATION OF DAMAGES AND LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY

You hereby agree to indemnify, defend and hold Stockhouse, its Representatives, its licensors, its information providers and/or its distribution partners and their respective officers, directors, employees, contractors, consultants, agents and the like harmless from and against all liability, claims, damages, expenses and costs, including, without limitation, reasonable legal fees, arising out of or in connection with:

  1. your access and/or use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services; and/or
  2. any breach of your obligations, representations, warranties, guarantees and the like under the Agreement.

SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback or any other information ("Submissions") relating to any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, provided by you to Stockhouse shall become the sole property of Stockhouse. Effective upon creation, you hereby assign and transfer to Stockhouse all right, title and interest in and to such Submissions, including without limitation the unrestricted ability to use such Submissions for any purpose, without acknowledgement or further compensation to you and you hereby waive any moral rights that you might have in and to any such Submissions as against any person.

NOTICES

Except as explicitly stated otherwise, any notices to Stockhouse shall be given via Stockhouse's feedback form and any notices to you shall be given via the email address that you provided to Stockhouse during the registration process. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Stockhouse may give notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to Stockhouse during the registration process. In such case, notice shall be deemed to be given 3 business days after the date of mailing.

TERMINATION OR SUSPENSION

Stockhouse may terminate or suspend your membership, terminate the Agreement, delete Your Information, including without limitation any of your User Content, in whole or in part, and/or limit, restrict and/or prohibit you from accessing and using any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, for any reason, at any time, at its sole discretion, with or without notice. The sections of this Agreement titled "Disclaimers", "Limitation of Liability", "Indemnity", "Submissions", "Stockhouse, Its Licensors' and Information Providers' Intellectual Property Rights", "Ownership of User Content and License Granted to Stockhouse", "Governing Law and Forum", "Entire Agreement", "Severability" and "Enforcement Rights of Licensors and Information Providers", together with any terms necessary for their interpretation and enforcement, shall survive any termination of the Agreement.

ENTIRE AGREEMENT AND WAIVER

The Agreement constitutes the entire agreement between Stockhouse and you regarding your access to and use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, and/or Products and supersedes any prior agreements between Stockhouse and you regarding the same. Stockhouse's failure to exercise or enforce any of its rights under the Agreement shall not constitute a waiver of such rights in that or any other instance. Stockhouse reserves the right to modify the terms and conditions of the Agreement, at any time and without prior notice, as set forth herein.

SEVERABILITY

To the extent that any term of the Agreement is determined by a competent authority to be invalid, illegal or otherwise unenforceable, then that term will be limited to the extent necessary to render the Agreement valid and enforceable if possible. The remaining terms will be enforced to give effect to the intention of the parties insofar as possible.

ASSIGNMENT

You may not assign, in whole or in part, any of your rights or obligations under the Agreement, without the prior written consent of a duly authorized representative of Stockhouse and other than as set forth in the Agreement, there shall be no third party beneficiaries.

GOVERNING LAW AND FORUM

The Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to:

  1. submit themselves to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, Canada; and
  2. irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.

INTERPRETATION

The language in all parts of the Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Agreement. Each of the terms "including", "include" and "includes", when used in the Agreement, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto. The division of the Agreement into sections, paragraphs and the like and the insertion of headings, are for convenience of reference only and will not affect the construction or interpretation of the Agreement. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action by or on behalf of you arising out of or related to use of any of the Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, or related to the Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.

FURTHER ASSURANCES

You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Stockhouse may reasonably require from time to time for the purpose of giving effect to the Agreement, including without limitation regularly reviewing the Agreement and updating your registration information.

ENFORCEMENT RIGHTS OF LICENSORS AND INFORMATION PROVIDERS

The rights and limitations contained in the Agreement which apply to Stockhouse's licensors, information providers and/or distribution partners are for the benefit of such licensors, information providers and/or distribution partners, each of which shall have the right to enforce its rights hereunder both directly and on its own behalf.

LANGUAGE

The parties declare that they have required that the Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'ils exigent que cette Agreement et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.

STOCKHOUSE

The Stockhouse Network of Sites, including without limitation any Site Content, Applications and/or Services, are provided by: Stockhouse Publishing Ltd., located at 1185 West Georgia Street, Suite 1625, Vancouver, British Columbia, V6E 4E6.

Please direct any questions or concerns regarding the Agreement to support@stockhouse.com

I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.