Terms & Conditions of Service
This agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the smallcapcenter.com web site (the "Site") which is provided by Stockgroup Information Systems Inc.. Our aim is to provide our viewers with comprehensive, accurate and timely information on the small- and micro-cap sectors and we hope you'll enjoy the Site and find its services useful. Your use of the Site indicates your agreement to the following terms and conditions of service just as if you had submitted your acceptance. If you do not agree to be bound by the following terms and conditions of service, please discontinue your use of the Site.
By registering, you certify that all information you provide in your registration is accurate. Smallcapcenter.com viewers may only maintain one active registration. By accepting this Agreement, you certify that you personally have no other registration with smallcapcenter.com and that the personal information you have provided is correct.
This Site is owned and operated by Stockgroup Information Systems Inc. and its subsidiaries and contains material which is derived in whole or in part from material supplied and owned by Stockgroup Information Systems Inc. and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site including code and software ("Material"). You may download Material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Site, such Material is licensed to you by Stockgroup Information Systems Inc. or its licensors and neither Stockgroup Information Systems Inc. nor their licensors, transfer title to any such Material to you.
Data may be delayed as specified by the Exchanges or sources. Stockgroup Information Systems Inc. and its information providers furnish this information without responsibility for accuracy and it is accepted by the Site viewer on the condition that error in transmission or omissions shall not be made the basis for any claim, demand or cause for action against Stockgroup Information Systems Inc. or any of its information providers. Stockgroup Information Systems Inc. believes its data and text services to be reliable, but accuracy is not warranted or guaranteed by Stockgroup Information Systems Inc. or its information providers.
The Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Stockgroup Information Systems Inc. and its information providers do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations, give investment advice, or advocate the purchase or sale of any security or investment or any particular investment trading strategy.
The smallcapcenter.com provides links to and/or may point to other Internet sites that may be clients of smallcapcenter.com or may be of interest to viewers of the Site. Stockgroup Information Systems Inc. has no responsibility for these other Internet sites and only provides this as a service to Site viewers. Stockgroup Information Systems Inc. provides no warranties regarding the content of sites operated by firms which may compensate Stockgroup Information Systems Inc. for listing on the smallcapcenter.com.
The smallcapcenter.com's forums (the "Forums") are currently provided as free services. Stockgroup Information Systems Inc. reserves the right to change the nature this relationship at any time. Violation of the terms of this Agreement may result in the termination of your right use the Forums. To ensure viewers can enjoy our Site and Forums, the following rules apply:
- General rules. It is a condition of your use of the Forums and the Site that you do not:
- restrict or inhibit any other user from using and enjoying the Forums;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law;
- post or transmit comments containing harassing or offensive language, including sexual preferences, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (in other words, repeating the same message over and over), or use viruses, bots, worms, trojan horses or other disruptive devices;
- post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other material which contains a virus or other harmful component;
- post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising;
- solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (vii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or
- use the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy.
You agree that you will not use the Site, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Stockgroup Information Systems Inc., at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
- Monitoring. You understand that Stockgroup Information Systems Inc. has no obligation to monitor the Forums. However, Stockgroup Information Systems Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Stockgroup Information Systems Inc.'s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that Stockgroup Information Systems Inc. reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Forums, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring.
- License. Except as set forth in the Privacy Policy, by uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Forums, you are granting Stockgroup Information Systems Inc. a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to
- use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication, and
- sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication.
No Communication shall be subject to any obligation of confidence on the part of Stockgroup Information Systems Inc.. The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws in any relevant jurisdiction.
- Content. Communications posted in the Forums are provided by users such as yourself who are unaffiliated with Stockgroup Information Systems Inc., and the user providing each such Communication is solely responsible for the content thereof. In using the Forums, YOU SHOULD NOT ASSUME THAT SUCH MESSAGES HAVE BEEN REVIEWED BY STOCKGROUP INFORMATION SYSTEMS INC., THAT SUCH COMMUNICATIONS CONTAIN CORRECT INFORMATION, OR THAT THE PERSONS POSTING SUCH COMMUNICATIONS HAVE ACCURATELY IDENTIFIED THEMSELVES AND/OR THEIR AFFILIATION WITH ANY THIRD PARTY.
- Personal Security. When using the Forums, please be certain that anything you say does not compromise your personal security. Do not provide your name, phone number or any other personally identifying information to people you do not know. Do not continue any dialogue online that makes you feel uncomfortable.
The Site may provide links to online trading services. These are for your convenience only. The online trading services who advertise on the Site are provided by registered broker dealers and mutual fund companies, and such broker dealers and mutual fund companies are solely responsible for any services provided to you. STOCKGROUP INFORMATION SYSTEMS INC.. IS NOT A REGISTERED BROKER OR MUTUAL FUND COMPANY, AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR BROKER DEALER OR MUTUAL FUND COMPANY.
SMALLCAPCENTER.COM PROVIDES LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SITE. NEITHER STOCKGROUP INFORMATION SYSTEMS INC. NOR ITS SUBSIDIARY COMPANIES NOR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON THE SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STOCKGROUP INFORMATION SYSTEMS INC. AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER STOCKGROUP INFORMATION SYSTEMS INC NOR ITS SUBSIDIARIES WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE FORUMS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STOCKGROUP INFORMATION SYSTEMS INC. NOR ITS SUBSIDIARIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN USING THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY THE REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT STOCKGROUP INFORMATION SYSTEMS INC. NOR ITS SUBSIDIARIES) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
IN NO EVENT SHALL STOCKGROUP INFORMATION SYSTEMS INC. OR ITS SUBSIDIARY COMPANIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF StSTOCKGROUP INFORMATION SYSTEMS INC., ITS SUBSIDIARY COMPANIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER STOCKGROUP INFORMATION SYSTEMS INC. NOR ITS SUBSIDIARY COMPANIES NOR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCULSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless Stockgroup Information Systems Inc., its subsidiaries companies, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by you in connection with your use of the Site;
(c) any non-compliance by you with the terms and conditions of this Agreement; and
(d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site.
This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons:
- upon thirty (30) days written notice by any party of its intent to terminate this Agreement;
- immediately by Stockgroup Information Systems Inc. for any unauthorized access or use by you, including, without limitation
- concurrent access of the Site with identical user identification,
- permitting another person or entity to use your user identification to access the Site, or
- any other access or use of the Site except as expressly provided in this Agreement; or
- immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Site.
Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Stockgroup Information Systems Inc. or its subsidiary companies may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Stockgroup Information Systems Inc. and its licensors.
All trademarks, service marks and trade names used on the Site are the property of Stockgroup Information Systems Inc. or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of Stockgroup Information Systems Inc. or the owner of such trademark, servicemark or trade name.
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Site, you agree that you shall be solely responsible for:
- the online conduct of such Minor;
- monitoring such Minor's access to and use of the Site; and
- the consequences of any use of the Site by such Minor.
Stockgroup Information Systems Inc. reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other reasonable means. Continued use of the Site by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Stockgroup Information Systems Inc.. Any assignment other than as provided for in this Section shall be null and void. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
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