Baystreet.ca - Important Disclaimers and Legal Information
General Notice and Disclaimer
This notice and disclaimer applies to the Baystreet.ca Network of Sites operated by Baystreet.ca Media Corp., a company continued under the laws of the British Columbia, Canada and its subsidiaries, affiliates, assigns, successors and related entities ("Baystreet.ca").
The Baystreet.ca Network of Sites is an on-line newspaper focusing on financial information. Baystreet.ca 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 Baystreet.ca 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 Baystreet.ca 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 authorized to give it.
The Service, Materials and Products provided through the Baystreet.ca Network of Sites or any of its affiliates, 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 Baystreet.ca Network of Sites. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
Baystreet.ca 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. Baystreet.ca 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. Baystreet.ca and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on the Baystreet.ca 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 Baystreet.ca Network of Sites and affiliated websites.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY BAYSTREET.CA AND OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS, AND BAYSTREET.CA 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 BAYSTREET.CA 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. Baystreet.ca is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Baystreet.ca 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 Baystreet.ca Network of Sites, are those of the respective author(s) or distributor(s) and not of Baystreet.ca. Neither Baystreet.ca 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.
Baystreet.ca encourages you to exercise discretion while browsing the Internet using the Baystreet.ca Network of Sites. Baystreet.ca makes no representations concerning any endeavor to review the content of the Baystreet.ca Network of Sites or any of the Materials, and so Baystreet.ca is not responsible for the accuracy, copyright compliance, or legality of material contained in the Baystreet.ca Network of Sites or in the Materials.
The Baystreet.ca Network of Sites is not directed at persons who are residents of any country where dissemination of any of the information contained on the Baystreet.ca Network of Sites is not permitted.
Content Provided by QuoteMedia
In addition to the areas covered in the Baystreet.ca "Disclaimer" and all parts therein, portions of the data provided on the Baystreet.ca 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
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 BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, SHALL BE AT YOUR SOLE RISK. THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAYSTREET.CA 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) BAYSTREET.CA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING:
a) THE AVAILABILITY, TIMELINESS, RELIABILITY, ACCURACY, INTEGRITY, SECURITY, USEFULNESS AND/OR QUALITY OF ANY OF THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT), APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
b) THE COPYRIGHT COMPLIANCE AND/OR LEGALITY OF ANY USER CONTENT;
c) THE CORRECTION OF ANY ERRORS IN ANY OF THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
d) ANY COMMENTS, RATINGS, RANKINGS AND/OR THE LIKE OF ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CONTENT, BY BAYSTREET.CA, 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 BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
e) ANY ENDEAVOUR BY AND/OR OBLIGATION OF BAYSTREET.CA TO MONITOR OR REVIEW ANY OF THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
f) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT AND/OR DESTRUCTION WITH RESPECT TO ANY OF THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
g) ANY UNAUTHORIZED ACCESS TO AND/ OR ALTERATION OF ANY OF THE BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
h) 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;
i) 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 BAYSTREET.CA 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 BAYSTREET.CA, 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 BAYSTREET.CA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR PRODUCTS, EVEN IF BAYSTREET.CA 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 BAYSTREET.CA, 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 BAYSTREET.CA OR ANY THIRD PARTY; AND/OR
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 Baystreet.ca, 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 Baystreet.ca 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.
TERMINATION OR SUSPENSION
Baystreet.ca 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 Baystreet.ca 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", "Baystreet.ca, Its Licensors' and Information Providers' Intellectual Property Rights", "Ownership of User Content and License Granted to Baystreet.ca", "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 Baystreet.ca and you regarding your access to and use of any of the Baystreet.ca Network of Sites, including without limitation any Site Content, Applications and/or Services, and/or Products and supersedes any prior agreements between Baystreet.ca and you regarding the same. Baystreet.ca'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. Baystreet.ca 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 Baystreet.ca 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:
submit themselves to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, Canada; and
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 Baystreet.ca 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 Baystreet.ca 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 Baystreet.ca'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.
BAYSTREET.CA
The Baystreet.ca Network of Sites, including without limitation any Site Content, Applications and/or Services, are provided by: Baystreet.ca Media Corp., located at 4340 Majestic Dr., Suite B, Victoria, British Columbia, V8N 3H2.
Please direct any questions or concerns regarding the Agreement to [email protected]
I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.