CANADIAN INVESTOR PROTECTION FUND WEBSITE USE AGREEMENT
1. Your Acceptance of this Agreement
This is an Agreement between you and Canadian Investor Protection Fund ("CIPF"), and governs your use of the CIPF website and its content (collectively the "Website"). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
2. No Professional Relationship
No professional relationship is created by this Agreement or your use of the Website or your communication with a CIPF professional by e-mail or through the Website.
3. No Professional Advice
The Website is for convenience and informational purposes only. The Website is not intended to provide advice or a comprehensive or detailed statement concerning the matters addressed. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Website.
The Website may not be used to transmit to CIPF any confidential information. Information transmitted to CIPF through the Website may not be secure, may not be treated as confidential and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
4. Permitted Users and Access
The Website may be used only by persons who are at least 18-years old and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
5. Disclaimer and Liability Exclusion
CIPF DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY CIPF TO THE FULLEST EXTENT PERMITTED BY LAW. CIPF WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON.
6. Personal Information (Privacy)
7. Ownership and Permitted Use of the Website
Copyright © 2009 Canadian Investor Protection Fund. All rights reserved. The Website, including all of its content, is the property of CIPF and is protected by Canadian copyright, trade-mark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of CIPF.
8. Trade-mark Information
CIPF, FCPE and CIPF/FCPE are trade-marks and trade-names owned by CIPF. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Website (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
CIPF Members and their investment advisors should refer to the Disclosure Policy for requirements with respect to the use of the CIPF logo.
9. Other Sites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). CIPF has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
10. No Linking, Framing, Mirroring, Scraping, Data-Mining and Postings
Unless you are a Dealer Member of the Investment Industry Regulatory Organization of Canada (“IIROC”), you require CIPF’s express written permission to provide a link to the Website. To request permission to link to the Website, please contact CIPF at [email protected]. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
11. Termination of this Agreement and the Website
12. Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between CIPF and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
13. Changes to this Agreement
CIPF may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
14. Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and CIPF relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and CIPF with respect to your use of the Website.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of CIPF and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of CIPF which may be withheld in CIPF's sole discretion. CIPF may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.