User Obligations. By accessing or using the Site, You represent and warrant that: (a) any registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are eighteen (18) years of age or older; and (d) Your use of the Site does not violate any applicable law or regulation, or any other obligation (including contractual obligation) You might have towards third parties. You will use the Site in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Site and Content thereon is available for the personal and non-commercial use of users only.
Term. This Agreement shall remain in full force and effect while You are using and/or accessing the Site, unless specifically terminated earlier by Us. Upon the termination of this Agreement, You will stop using the Site.
Content and Restrictions. You acknowledge that all intellectual property rights in the Content on the Site is owned by InvestorMelDave, or Our licensors or partners and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, patent, confidential information and trade secret, and You will not use such proprietary information or materials in any way except for use of the Site in compliance with the terms of this Agreement.
In particular, You agree not to: (a) permit any third party to access the Site; (b) copy, reproduce, alter, adapt, aggregate, modify, publish, translate, deface, transmit, distribute, publicly perform or display, sell, decompile, disassemble, reverse engineer, or create derivative works from any aspect of the Site or the Content; (c) copy, frame or mirror any part or content of the Site, other than copying or framing on Your own intranets or otherwise for non-commercial purposes; (d) rent, lease, loan, or sell access to the Site; or (e) access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Site, without prior written consent from InvestorMelDave.
NO RELIANCE. THIS SITE HAS BEEN ESTABLISHED PRIMARILY FOR THE BENEFIT AND USE OF INVESTORMELDAVE’S CLIENTS AND POTENTIAL CLIENTS. NOT ALL PRODUCTS OR SERVICES REFERENCED ON THE SITE MAY BE AVAILABLE, AND IN OUR SOLE DISCRETION, WE MAY MODIFY OR DISCONTINUE THE PRODUCTS OR SERVICES DESCRIBED AND/OR DISPLAYED ON THE SITE AT ANY TIME AND FOR ANY REASON. THE SITE AND THE CONTENT THEREON MAY INCLUDE INACCURACIES. YOU AGREE THAT YOU SHALL NOT RELY ON ANY PRODUCT-RELATED INFORMATION OR SERVICE-RELATED INFORMATION FOUND IN THIS SITE.
Additional Restrictions. You will not: (i) cover, remove or obscure any advertisements displayed on the Site, or any InvestorMelDave page via HTML/CSS, scripting, or by any other means, (ii) interfere with, disrupt, or create an undue burden on the Site, or the networks connected to the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site; (iii) bypass any measures used to prevent or restrict access to the Site; (iv) introduce software or automated agents to the Site, or access the Site so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Site; or (v) interfere with, disrupt, or modify any data or functionality of the Site.
Linking. You may link only to the Site, provided You comply with the conditions described below. If You link to the Site you agree not to: (i) create frames around the Site or otherwise alter the visual presentation of the Site; (ii) imply that We are endorsing you or your products and/or services; (iii) imply an affiliation between You and Us without Our prior written consent; (iv) present false or misleading impressions about Our products and/or services; or (v) include materials that may be interpreted as distasteful or offensive. YOU FURTHER AGREE TO PROMPTLY REMOVE ANY LINKS YOU HAVE TO THE SITE UPON OUR REQUEST.
Feedback. At InvestorMelDave’s sole discretion, notices by InvestorMelDave to You regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the Site and/or via e-mail to You. You may send Us comments, questions, suggestions or ideas (collectively, "Feedback") relating to this Site. To the maximum extent permitted under applicable law, We shall be free to delete, destroy or use the Feedback you provide in any manner, including but not limited to developing, manufacturing, and marketing products and services based on such information.
WARRANTY DISCLAIMER. NEITHER INVESTORMELDAVE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, PARTNERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT AVAILABLE THEREON. THE SITE AND ALL INVESTORMELDAVE CONTENT ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INVESTORMELDAVE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnity. By using the Site, You agree to defend, indemnify, and hold Us, Our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any actions, losses, liabilities, claims, demands, and expenses whatsoever including legal and other fees and disbursements, sustained, incurred or paid by any of them in respect of: (i) Your use or misuse of the Site, including without limitation infringement claims and any breach of this Agreement. InvestorMelDave reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with InvestorMelDave in asserting any available defences.
Amendments. We reserve the right, in Our sole discretion, to change, modify or otherwise alter this Agreement from time to time, for any reason. When such changes occur, We will post the updated version of the Agreement on the Site together with the date on which it was revised. Such changes become effective immediately upon posting. If You do not agree to be bound by (or cannot comply with) the Agreement as amended, Your only remedy is to cancel Your Account and to cease using the Site. You will be deemed to have accepted the Agreement as amended five (5) days after the updated version of the Agreement is posted if you continue to use the Site. All other terms of this Agreement will continue in effect.
Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, shortage of materials, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems, failures of common carriers (including Internet service providers), denial of service attacks, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Survival. Any provision of this Agreement which, by its nature should survive the expiration or termination of this Agreement, shall so survive.
Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive jurisdiction of the provincial and federal courts located in Ontario, Canada. You agree not to institute any claims against InvestorMelDave except as provided expressly in this Agreement.
Violations of this Agreement. Should You violate these terms and conditions or any other rights of InvestorMelDave, InvestorMelDave reserves the right to pursue any and all legal and equitable remedies against You, including, without limitation, restricting, suspending or terminating Your access to all or any part of the Site. Any use of the Site in violation of this Agreement may result in, among other consequences, termination or suspension of Your rights to use the Site. We reserve the right (but have no obligation) to investigate and take appropriate legal action in Our sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, reporting You to law enforcement authorities.
Severability. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
We may assign this Agreement, in whole, or in part, at any time, with or without notice to You. You may not assign Your rights or delegate Your duties under this Agreement, either in whole or in part, without Our prior written consent.
You agree to waive any right You may have to a trial by jury, or commence or participate in any class action against Us related to the Site or the Agreement.
This Agreement will ensure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
This Agreement was written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version governs.
No provision of this Agreement will be interpreted against any party merely because that party or its legal representative drafted the provision.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect: as used in the Agreement, the word "including" means "including but not limited to."
If You sign up for additional features and services that are governed by additional terms and conditions, We will inform You accordingly when You sign up for these additional features and services. Unless the additional terms explicitly stipulate the contrary, they are hereby incorporated into this Agreement by reference.