TERMS OF USE

Last updated December 3, 2018

Welcome

Welcome to https://capintel.ca/ (the “Website”), the official website of CapIntel Inc. (hereafter referred to as “CapIntel”, “we”, “us”, and “our”). These Terms of Use (these “Terms”) govern your use of and interaction with the Website and its respective services (the “Service” or “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR SERVICE.

1.   Registration

Our Website and any of our Services are offered solely for your own personal, informational, or commercial use. You must be registered and have a valid account to use this Service. In order to register, you must make an account on our Website. To do this, you need to complete your user profile via our Registration Page capintel.ca/register.

You represent and warrant that all information provided by you during the registration process is true, complete and accurate. Please note that once you have completed the registration process, CapIntel will need to accept your registration by activating your account in order for it to be valid.

You will also be required to select a secure password to protect the integrity of your account and you are solely responsible for any use of the Website, activities or charges to your payment information that arise on your account. Each account must strictly be used by one person or user only. Sharing accounts or passwords, or allowing another person to have access to your account in any way, is prohibited. You agree to promptly notify CapIntel using the contact information at the bottom of these Terms if you suspect any unauthorized use of your account or have reason to believe that the integrity of your password has been compromised.

2.   Subscription and Fees

If you have signed up for our Service as part of a trial program or otherwise during a promotion where the Service is being offered for free during the course of the pre-determined trial period, we will inform you of the full subscription price that is payable after the trial period. Once the trial period is complete, your account will automatically renew at the full subscription price unless you cancel your subscription before the end of your free trial. To cancel your account, email [email protected].

The cost of our Service will be disclosed on our sign-up pages or otherwise during the check-out process and may vary from time to time or by jurisdiction. You agree to pay the fees and applicable taxes at the rates notified to you at the time you create an account and purchase your monthly subscription. Some subscription services may only require a one-off transaction. The currency in which your subscription is payable will be specified during the order process, depending on the service and/or your country of residence. Eligibility for any discounts or promotional offers will be determined at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription, and you will always have the option not to continue with the new pricing structure and to cancel your account in these circumstances.

You will be charged a subscription fee at the intervals that you selected at the time of checkout. You will continue to be billed automatically and payments for the Service and any associated fees and taxes will continue to be processed on the credit card number that you provided when you initially created your account.

You must promptly notify CapIntel if your credit card information changes or the payment information that you provided to use the Service is no longer valid. In the event that any fees or charges that have been billed to your credit card have been denied, CapIntel shall have the right to immediately suspend your account and terminate your access to the Service.

3.   Automatic Renewals

You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal.

In the event that the Terms are amended, renewed or extended, CapIntel will provide at least ninety (90) days of advance notice by sending an email to the email address that you provided when you registered for the Service.

4.   Stock Quotes

The stock quotes available to registered users of this Website are provided by Thomson Reuters Group. The stock quotes (including NASDAQ stock quotes) are delayed or otherwise not current to at least 15-20 minutes. CapIntel and any of its partners, affiliates, or related third parties, do not guarantee the accuracy, completeness or timeliness of any stock quotes or corresponding information accessed via our Service. You should always confirm the price and the accuracy of any secondary information related to an investment with a licensed broker or a knowledgeable party who is involved in selling, purchasing or redeeming the stock.

5.   Prohibited Use

In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Website or Service for any purpose not expressly authorized by these Terms and/or transmit or upload to the Website and Service content that in any form:

  1. constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes
  2. contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers
  3. enables hacking or permits any automated device, program, tool (including but not limited to robot, bot, spider, deep-link, other data-mining or harvesting processes) or any manual process that in any way would facilitate access, or allow the acquisition, copying, or monitoring of any portion of the Website, including all data and networks, without the prior express written consent of CapIntel
  4. collects information about others, including but not limited to, users’ e-mails, passwords or other account information
  5. copies or distributes any part of the Website or Service in any medium without CapIntel’s prior written authorization
  6. reverse engineers or decompiles the software comprising or included in the Website
  7. attempts to gain access to unauthorized content, including content that has not yet been made available to the public
  8. modifies, reverse-engineers, disassembles, decompiles or stores any content, data or any portion of the Website, for any reason, including for the purpose of competing with CapIntel and its affiliates, or distributing content for a commercial use
  9. collects or harvests any personal information from the Website or a related Service, nor will you use communication systems provided by the Website and Service for any commercial solicitation purposes; and/or
  10. solicits, for commercial purposes, any users of the Website and Service.

Notwithstanding this section, CapIntel grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

6.   Modifications, Updates and Termination

You may suspend the use of your account and terminate your agreement to these Terms by contacting CapIntel customer support at [email protected] to disable your account and profile.

CapIntel also reserves the right to modify the Website, Services or to modify these Terms at any time, at its sole discretion. If CapIntel decides to change these Terms, CapIntel will post those changes here. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to visit this section of the Website regularly in order to remain informed of any changes. If you do not agree to any changes that have been made, you must suspend your account and immediately stop using the Website.

7.   Privacy

We encourage you to read our Privacy Policy. It explains how we collect, use and disclose and otherwise manage your personal information when you visit and use our Website and Services.

8.   Customer Data

“Customer Data” means any data, information or information contained in any database, template or other similar document submitted by you through the Services or provided by you to CapIntel as part of the Services.

CapIntel acknowledges and agrees that, as between you and CapIntel, you are the owner of and have exclusive rights, title and interest in and to the Customer Data now and in the future on a worldwide basis.

By entering into these Terms, you grant to CapIntel a non-exclusive, perpetual, royalty-free, fully paid-up, worldwide license to copy, reproduce, modify, develop, access, collect, store and use the Customer Data (i) as necessary to provide the Services to you, (ii) for our business purposes, including training, enhancing, developing, creating, improving and commercializing our systems and proprietary technology, the Website, the Services and our other products and services, and (iii) to generate aggregated data as described in our Privacy Policy. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of the Customer Data and will ensure our use of any Customer Data in accordance with these Terms will not violate the rights of any third party.

You are solely responsible to back up all Customer Data on your local system, including all data, files and records that you submit to or receive from CapIntel. CapIntel is not responsible for backups and does not promise to perform regular data backups.

9.   Links

Our Website may contain links to third-party websites or resources. You acknowledge and agree that CapIntel is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Third-party websites or resources can include, but are not limited to, advertisements, promotional offers or applications included in the Website. You understand and agree that CapIntel is not responsible or liable for the behavior, availability, features or content of any third-party website or resource. These third-party websites and resources are not owned or controlled by us. Your use of these third-party websites and resources is at your own risk and subject to separate terms of use.

10.   Copyright and Intellectual Property

All information, content and materials made available by CapIntel through the Website or Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the Website and Services, or any component or element of the Website and Service (collectively, the “Content”) is the exclusive property of CapIntel and its licensors and is protected by Canadian, U.S. and international copyright law.

CapIntel and its licensors retain all rights in the Content of this Website and the Service. The Content is provided to you AS IS for your informational, personal, non-commercial, non-competing use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with related features of the Website, Service or their security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Service or the Content therein.

11.   Disclaimers

IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS (E.G. PROVINCE OF QUEBEC, CANADA), THEN PARTS OF ALL OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY.

CERTAIN FEDERAL OR PROVINCIAL/TERRITORIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION WILL NOT APPLY TO YOU.

YOU AGREE THAT ALL CONTENT ON THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. CAPINTEL DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, OR DAMAGING OR DISABLING CODE. CAPINTEL DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF CAPINTEL, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CAPINTEL DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE, SERVICE OR THE SERVER THAT THE WEBSITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE WEBSITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE IS SOLELY AT YOUR OWN RISK.

12.   Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY RELATED SERVICE REMAINS WITH YOU.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, 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 these Terms.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPINTEL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE, SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR THE COST OF SUBSTITUTE EQUIPMENT FACILITIES OR SERVICES RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE WEBSITE, THE SERVICE, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE; OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL THE INVOLVED PARTIES’ TOTAL LIABILITY FOR ANY AND ALL CLAIMS IN AGGREGATE IN CONNECTION WITH OR UNDER THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CAPINTEL UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

13.   Indemnification

You shall release, defend, indemnify, and hold CapIntel and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website or Services; (ii) a claim that the Customer Data (or any part thereof) infringes the rights of any third party, including any intellectual property or privacy rights; or (iii) your violation of these Terms.

14.   Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto, Province of Ontario, Canada.

15.   Termination of Website and/or Service

CapIntel reserves the right to suspend or choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address set up in your profile. You will be deemed to have received this notice, whether or not you saw it or regardless of whether the e-mail address initially provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.

CapIntel may also discontinue at any time, without notice, the Website, Service, content, contests, promotions, materials, products and/or other services described on the Website, Service or the availability thereof. CapIntel also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Website and/or Service with or without notice to you.

16.   Entire Agreement; Severability

Subject to the Privacy Policy and any other agreement or term that may apply, these Terms constitute the entire agreement between you and CapIntel regarding your use of the Website, Service and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms.

We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

17.   Headings

The section/paragraph headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect such section/paragraph.

18.   Enurement

These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.

19.   Data Provider

“The THOMSON REUTERS Kinesis Logo and THOMSON REUTERS are trademarks of Thomson Reuters and its affiliated companies in the United States and other countries and used herein under license.”

“Copyright ©Thomson Reuters, 2014. All Rights Reserved. Use, duplication, or sale of this service, or data contained herein, except as described in the Correlate subscription agreement, is strictly prohibited.”

Copyright © 1999 - 2014, Thomson Reuters. All rights reserved. Thomson Reuters (Markets) LLC (“Thomson Reuters”) and its affiliates are referred to below as “Thomson Reuters”.

The “Information Product” is any data or service provided by Thomson Reuters. Thomson Reuters or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and user is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Thomson Reuters or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Thomson Reuters.

User may use the Information Product for internal purposes only. User may copy, paste and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports user’s business purpose, (b) the data is not distributed by user in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet, and (c) where practicable, clearly identifies Thomson Reuters or its third party providers as the source of the data. Data will be considered in “insubstantial amount” if such amount (i) has no independent commercial value, (ii) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Thomson Reuters or a substantial part of it.

To the extent that the Information Product contains any third party data referred to in the General Restrictions/Notices page set forth on http://www.thomsonreuters.com/datause, the terms set forth on such General Restrictions/Notices page shall apply to user.

User acknowledges that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Thomson Reuters or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and user shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control.

NEITHER THOMSON REUTERS NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT USER’S SOLE RISK. NEITHER THOMSON REUTERS OR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.

IN NO EVENT WILL THOMSON REUTERS OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF THOMSON REUTERS OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, THOMSON REUTERS OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR’S PRODUCTS OR SERVICES.

20.   Contact Us and Product Support

If you have any questions about these Terms, please contact us at:

250 The Esplanade, Unit 114
Toronto, ON
M5A 1J2

[email protected]

For technical and product support, please contact us at:

[email protected]