Terms & Conditions
Welcome to the ProactiveInvestor (the "Company," "we" or "us") website (the “Site”). The Company provides you with access to this Site subject to the following terms and conditions.
Please read these Terms and Conditions of Website Use (the “Terms”) carefully before using this Site. By using this Site in any capacity, you agree that (i) you have read and familiarised yourself with these Terms, (ii) you understand these Terms and (iii) these Terms govern your use of this Site. If you do not agree to these Terms, you may not use this Site.
We reserve the right at any time to modify or update these Terms, including without limitation, eliminating, discontinuing or charging fees for any content or feature of the Site.
You agree to be bound by such modifications, revisions or updates. You should regularly recheck these Terms to update yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Site or these Terms, all of which shall become effective when posted on this Site.
The Company further reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate any user’s access to and use of the Site, at any time and in our sole discretion.
These Terms, together with any other policies referenced herein, constitute the entire agreement by and between you and the Company relating to your use of the Site. These Terms supersede any prior oral or written agreements or understandings between you and the Company.
The Company is a publisher. You understand and agree that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable or advisable for any specific person. You understand that the Content on the Site is provided for information purposes only, and none of the information contained on the Site constitutes an offer, solicitation or recommendation to buy or sell a security. You understand that the Company receives either monetary or securities compensation for our services. We stand to benefit from any volume which any Content on the Site may generate.
You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, advisability, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment, investment strategy, or other matter.
You understand that the Site may contain opinions from time to time with regard to securities mentioned in other products, including Company-related products, and that those opinions may be different from those obtained by using another product related to the Company. You understand and agree that contributors may write about securities in which they or their firms have a position, and that they may trade such securities for their own account. In cases where the position is held at the time of publication and such position is known to the Company, appropriate disclosure is made. However, you understand and agree that at the time of any transaction that you make, one or more contributors may have a position in the securities written about. You understand that price and other data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that neither such data nor such calculations are guaranteed by these sources, the Company, the information providers or any other person or entity, and may not be complete or accurate.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
In exchange for publishing services rendered by the Company on behalf of any issuer named on the Site, including the promotion by the Company of the issuer in any Content on the Site, the Company receives from said issuer annual aggregate cash compensation in an amount equal to Twenty Five Thousand dollars ($25,000).
No Professional Advice
The Site does not, and is not intended to, provide investment, tax, accounting, legal or insurance advice, and is not and should not be construed as providing any of the foregoing. You should consult an attorney or other relevant professional regarding your specific legal, tax, investment or other needs as tailored to your specific situation.
The information services and the information provided on the Site are only for your general information and use and are not intended to address your particular requirements. In particular, the information services and the information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate expert independent advice should be obtained before making any such decision.
The value of investments and the income derived from them can go down as well as up, and you may not necessarily get back the amount you invested. Past performance of an investment is not necessarily a guide to its future performance. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed. Although carefully verified, data computations are not guaranteed by us or our Data Providers or affiliates and may not be complete. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated.
Further, please note that stocks about which content is published on the Site may have low market capital and/or insufficient public float. Such stocks are subject to greater risk(s) than stocks of larger companies, including greater volatility, lower liquidity and less publicly-available information. Any arrangement made between you and any third party is at your sole risk and responsibility.
Use of the Site:
You may use the Site and the content on the Site, including, but not limited to, any news, quotes, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video herein solely for your personal, non-commercial, informational use only and not for any trading purposes.
Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, sublicense, broadcast, circulate, republish, duplicate, modify, adapt, upload, post, redeliver using “framing” technology or otherwise, download, copy, translate, reverse engineer, decompile or disassemble any portion of the Site; use data mining, robots or similar data gathering and extraction tools with respect to the Site; otherwise distribute or commercially exploit in any way any portion of the Site; restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; express or imply that any statements you make are endorsed by the Company or the Site; or harvest or collect information about visitors to the Site without their express consent and, in each instance, without our prior express written consent.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and/or the Content and will not use the Site or the Content for any unlawful purpose. Without limiting any of the Company’s other rights or remedies, any unauthorized use of this Site or any Content terminates the permission granted by the Company for your use of the Site.
The Site has been issued and approved by us. Unless otherwise stated, the Site is chiefly directed at persons in Canada and may not be relied upon by any persons outside Canada.
Nothing included in the Site constitutes an offer or solicitation to sell investments and related services to anyone in any jurisdiction outside Canada.
None of the content on the Site constitutes any form of investment advice or recommendation by us.
The Site is directed toward and designed solely for individuals residing in jurisdictions in which provision of the Site, its content and these Terms, are legal. We make no representation that the content, materials or information provided on the Site are appropriate or available for use in any other jurisdictions. Individuals or organizations which access the Site and its resources from other locations do so on their own initiative, at their own risk, and are responsible for compliance with the laws of their jurisdiction, to the extent applicable.
Conflicts of Interest:
Your attention is drawn to the fact that in respect of the information services, we, a connected Company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to the investment or transaction concerned or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement when providing introductory services.
In order to gain access to Content, you may be required to become a registered user by choosing a unique user name and password, and supplying us with true, accurate, current and complete information about yourself, as required on the registration page.
You are responsible for maintaining the confidentiality of your user name and password. Without limiting the generality of the foregoing:
You may not transfer or resell your user name or password to any third party;
You are responsible for all activities that occur under your user name or password; and
You agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your user name or password or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name or password.
The Site and the Content are the property of the Company or its licensors and are protected by copyright, trademarks, service marks, patents or other applicable laws.
Furthermore, the collection, arrangement and assembly of the Content on the Site are the exclusive property of the Company and are likewise protected by applicable laws.
The Proactiveinvestors Logo and Proactiveinvestors.com are trademarks of Proactive Investors North America Inc. All other trademarks, service marks and logos used on our websites are the trademarks, service marks or logos of their respective owners.
You may not use, copy, modify or display any of these marks, including without limitation, using any meta tags or any other “hidden text” that utilize these marks, without the prior written consent of the Company or the respective owner in each instance.
All remarks, suggestions, ideas, materials or other information provided by you through this Site, whether through the chat room, email or bulletin boards will forever be the property of the us. The Company will have exclusive ownership of all present and future existing rights, title and interest in and to the Submissions of every kind.
You acknowledge that you are responsible for any Submissions provided through your user name or password, and you, not the Company, has full responsibility for such Submissions, including its legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, the Company has the right to refuse to post, remove, edit or abridge any Submission for any reason and to disclose any Submission as necessary to any applicable law, regulation, legal process or governmental request, all in the Company’s sole discretion.
Third Party Sites or Materials:
You may, through hypertext or other computer links, gain access from the Site to websites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that the Company is not responsible for the content or operation of such websites, and that the Company shall have no liability to you or any other person or entity for the use of, or inability to use, any third party websites. A hyperlink from this Site to another website does not imply or mean that the Company endorses or approves the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.
The Company assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.
Your correspondence, business dealings with, or participation with any third parties, such as, but not limited to, advertisers on the Site or third parties described in any content on the Site, including payment and delivery of goods or service, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party or third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort, including but not limited to losses related to investments you make, which have occurred as a result of such dealings. Please review the sections titled “Disclaimer of Warranties,” “Limitation of Liability” and “Indemnification” in these Terms for more information.
Operation of the Site:
We will use reasonable commercial efforts to keep this Site available for access on a 24-hour a day basis, subject to scheduled and unscheduled downtime. There are no assurances that access will be available at all times and uninterrupted. Furthermore, the Company does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site.
Disclaimer of Warranties:
The content and the site are provided "as is," without any express or implied warranties of any kind. The Company and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the content or the site, and the Company hereby disclaims any and all such express or implied warranties. Despite the efforts of the Company, it is possible that content available on the Site may include inaccuracies or errors. We therefore make no guarantees as to the completeness or correctness of any content available on the Site.
Limitation of Liability:
Neither the Company nor any of its affiliates, agents, or licensors will be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result. In no event will the Company, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the content or the site, or in reliance on the content of any third party.
The Company and its affiliates, agents, and licensors shall not be liable to you or anyone else for any damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages. Neither the Company nor any of its affiliates, agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the content or the site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the site and any content or otherwise.
You agree to indemnify, defend and hold the Company, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from
(I) your violation of these Terms;
(II) your use of the Site or the Content;
(III) your violation of any rights of any third party; or
(IV) any Submissions made through your user name or password.
If you are unsure of any term or condition used in the above please feel free to contact us using the Contact Us page This terms and conditions shall be construed according to Canadian Law.
The equity and regulatory news data information contained on the site: (1) is provided by Morningstar; (2) may not be copied or distributed (save (i) as incidentally necessary in the course of viewing it on-line (ii) in the course of printing off single copies of web pages on which it appears for the use of those authorised to view it on-line), or adapted in any way (3) is not warranted to be accurate, complete or timely. This Morningstar-sourced information is provided to you by proactiveinvestors and is at your own risk. You agree that Morningstar and or proactiveinvestors are not responsible for any damages or losses arising from any use of this information and that the information must not be relied upon by you the user without appropriate verification. proactiveinvestors informs you as follows: (i) The information provided should not form the sole basis of any investment decision (ii) no investment decision should be made in relation to any of the information provided other than on the advice of a professional financial advisor; (iii) past performance is no guarantee of future results; and (iv) the value and income derived from investments can go down as well as up.
Termination of Use
You agree and understand that the Company may, without prior notice, terminate your access to and use of the Site, or certain Content on the Site. Such termination may occur for any reason, including but not limited to: (i) breaches of these Terms; (ii) violations of Company guidelines; (iii) requests from law enforcement, regulatory authorities, or self-regulatory organizations; (iv) notice that You have violated or may be violating applicable laws, rules or regulations of a relevant jurisdiction or (v) your violation of any intellectual property rights of the Company or any third party.
We reserve the right to send electronic communications to you for the purposes of informing you of changes or additions to the Terms, legal notices, or other notices as the Company deems applicable, which are related to these Terms or your use of the Site.