Certus Trading Inc.
Website Terms and Conditions of Use
Introduction
Welcome to the website of Certus Trading Inc. (“the Website”). These Website terms and conditions (“the Terms and Conditions”) apply to all visitors to the Website. Visitors agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please discontinue using the Website.
Please note that Certus Trading Inc. (“Certus”) reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of the Website following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Privacy
For information on how user information is collected, used and disclosed by Certus in connection with your use of the Website please consult our Privacy Policy.
Restrictions on Use of Materials
All material, information and content available on the Website (collectively, “Content”), including the manner in which such Content is presented, is owned by Certus, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Certus grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, 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 Website, including without limitation, by screen scraping, caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Trademarks
‘CertusTrading.com’ is a registered trademark of Certus All other product, brand and company names and logos used or mentioned on the Website are the trademarks of their respective owners. Any use of any trademarks appearing on the Website without the express written consent of the owner of the trademark is strictly prohibited.
Disclaimer
You expressly understand and agree that: a) the Website is provided on an “as is” and “as available” basis and that Certus makes no warranties, representations or conditions (collectively, as used in this section, “warranties”) of any kind, whether express or implied, including but not limited to warranties of merchant ability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and b) Certus specifically makes no warranties that the Website including any content, will be provided on an uninterrupted, timely, secure or error-free basis or that such services of the results derived therefrom will meet your requirements or expectations.
Professional Information Disclaimer
The Website may make available certain information provided by third parties related to various professional fields such as, without limitation, financial planning and investments (the “Professional Information”). The Professional Information is provided for educational purpose only and should not be interpreted as a recommendation for a specific course of action. Use of the Content does not replace consultations with a qualified financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Certus, including its affiliates and/or licensors, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Financial Information Disclaimer
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) is: (a) for information/education purposes only; (b) not tailored to the needs or circumstances of any person; (c) to the extent if applicable to a particular security, only a general discussion of the merits and risks associated there with; d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Certus; and e) not necessarily reflective of the views or policy of Certus, including the publisher, contributors and staff of, and advertisers on, the Website. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by Certus. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. Prior to making any investment decisions, it is strongly recommended that you seek advice from a qualified investment advisor. Certus does not provide or guarantee any financial, legal, tax or accounting advice or advice regarding the suitability, profitability or potential value of any particular investment, security or information source.
You acknowledge that Certus or its affiliates may invest or otherwise hold interests in entities that may be referenced in any of the Content. The views and opinions expressed on the Website are not intended to constitute a description of securities bought, sold, or held on behalf of Certus nor an indication by Certus of any intention to buy, sell, or hold any security.
Modifications
Certus reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, 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 on the Website. Please check these Terms and Conditions regularly for updates by checking the version date at the bottom of this document. If any change is not acceptable to you, you must discontinue your use of the Website. Your continued use of the Website after any such changes are posted will constitute acceptance of those changes. Further, Certus reserves the right to change, modify, suspend or discontinue any aspect of the Website or Content from time to time without notice or liability and for any reason whatsoever.
Content Linked to the Website
Please exercise discretion while browsing the Internet. Please note that certain links on the Website may take you to other websites. Certus provides these links only as a convenience and not as an endorsement by Certus. These linked sites are not necessarily under the control of Certus. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other risks. Certus is not responsible for the content of any such linked sites or any other web page which is not under Certus’ control. Unless otherwise expressly provided, Certus makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Certus will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Website.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Certus assumes no responsibility whatsoever for any charges you incur when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Certus shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Subscription Services
Certus makes certain subscription services available on a payment basis (“Subscription Services”). Subscription Services may be offered by Certus on a prepaid usage basis or on a periodic subscription basis. Should you choose to purchase Subscription Services, you will be required to register, and agree to a separate set of terms and conditions.
Indemnification
You agree to defend, indemnify and hold harmless each of Certus, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Website or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
You expressly understand and agree that in no event shall Certus, including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Certus, had be advised of or could have foreseen the possibility of such damages, arising out of or in connection with the use, inability to use or performance of the Website.
You expressly acknowledge that Certus makes the Website and Content 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 Certus. 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.
Governing Law / Jurisdictional Issues
the Website is controlled, operated and administered by Certus from its offices within Canada. Certus makes no representation or warranty that the Website is appropriate or available for use at any locations outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Website in violation of applicable laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws of the Province of Ontario, and the federal laws of Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Website or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), 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. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against Certus related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that Certus, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Website and remove and discard any information or content related to the Website (and your use thereof), for any reason, including where Certus believes that you have violated any of these Terms and Conditions. You further agree that Certus shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Certus in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Certus and you pertaining to your use of the Website and Content and supersede any prior agreements between you and Certus with respect to the subject matter hereof. Certus’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions 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. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions 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.
Updated on March 5, 2021
