Disclaimer and Agreement
Zimtu - Important Disclaimers and Legal Information
1. General Notice and Disclaimer
This notice and disclaimer applies to the ZimtuAdvantage website operated by Zimtu Capital Corp., a company continued under the laws of the British Columbia, Canada and its subsidiaries, affiliates, assigns, successors and related entities ("Zimtu").
The ZimtuAdvantage website focuses on financial information. Zimtu does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the ZimtuAdvantage website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. In particular, none of the Materials is provided on the ZimtuAdvantage website with a view to inviting, inducing or encouraging any person to make any kind of investment decision. Securities or other investments referred to in the Materials may not be suitable for you and you should not make any kind of investment decision in relation to them without first obtaining independent investment advice from a person authorised to give it.
The Service, Materials and Products provided through the ZimtuAdvantage website or any of its affiliates, are solely and strictly for your personal and non-commercial use. You may not save, or permit any third party to save, any Materials or any portion thereof for use with any information retrieval and/or provision service. Except to the extent you download and print Materials for your personal and non-commercial use, you may not modify, reproduce, distribute, transmit, disseminate, process, publish, license, create derivative works from, provide any third party access to, transfer, assign, or sell any of the Materials, Services or Products, including stock quotes and news, obtained from the ZimtuAdvantage website. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
Zimtu reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. Materials may be delayed as specified by Stock Exchanges and other sources. Zimtu specifically represents that it does not give investment advice or advocate the purchase or sale of any security or investment. None of the information contained in the Materials constitutes an offer to sell or the solicitation of an offer to buy any security or other investment or an offer to provide investment services of any kind. Zimtu and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on the ZimtuAdvantage website and affiliated websites, may from time to time, have long or short positions in, and buy and sell the securities or derivatives (including options) of companies mentioned in proprietary content on the ZimtuAdvantage website and affiliated websites.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY ZIMTU AND OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS, AND ZIMTU AND OTHER INFORMATION PROVIDERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL ZIMTU AND OTHER INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
MATERIALS ON ZIMTUADVANTAGE WEBSITE. MOST COMPANIES FEATURED IN ARTICLES, OPINIONS OR INTERVIEWS ON THE ZIMTUADVANTAGE WEBSITE ARE PAYING CLIENTS OF ZIMTU. IN MANY CASES ZIMTU OWNS SHARES IN THE COMPANIES IT FEATURES. WRITERS OF FEATURES, ARTICLES, OPINIONS OR INTERVIEWS ON THE ZIMTUADVANTAGE WEBSITE ARE GENERALLY PERSONS PAID BY ZIMTU FOR THE PURPOSE OF WRITING SUCH ITEMS. FOR THOSE REASONS, PLEASE BE AWARE THAT ZIMTU HAS A FINANCIAL INTEREST IN THE COMPANIES WRITTEN ABOUT OR FEATURED ON THE ZIMTUADVANTAGE WEBSITE. BECAUSE ZIMTU’S AND ZIMTUADVANTAGE WRITERS’ FEATURED COMPANIES PAY FEES TO ZIMTU FOR MARKETING SERVICES AND ZIMTU MAY OWN SHARES IN THE COMPANIES FEATURED, YOU MUST RECOGNIZE THE INHERENT CONFLICT OF INTEREST INVOLVED THAT MAY INFLUENCE ZIMTU’S AND THE WRITERS’ PERSPECTIVE ON THESE COMPANIES. YOU SHOULD THEREFORE CONDUCT EXTENSIVE DUE DILIGENCE AS WELL AS SEEK THE ADVICE OF YOUR FINANCIAL ADVISOR AND A REGISTERED BROKER-DEALER BEFORE INVESTING IN ANY SECURITIES.
Third Party Content. Neither Zimtu nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
The ZimtuAdvantage website is not directed at persons who are residents of any country where dissemination of any of the information contained on the ZimtuAdvantage website is not permitted.
2. Content Provided by the QuoteMedia Inc., TSX Inc. and Quote Delay
Through a TMX Market Data Distribution Agreement between TSX Inc. and Zimtu, QuoteMedia Inc. have provided the stock quote information regarding companies listed on the TSX and TSX Venture Exchanges.
There is generally a 15 minute or more delay on trades and trading prices listed on the ZimtuAdvantage website. This may be meaningful with respect to the current trading price of any company’s shares, and particularly those with high trading volumes.
Zimtu believes that you should understand how we use the information you provide and furthermore that you should have the right to approve the use of that information. In handling your information Zimtu follows a policy of "informed consent". In using the varied features of the ZimtuAdvantage website, you may provide information (such as name, contact information, or other registration information) to Zimtu, service providers, or other businesses you contact. Zimtu and these entities may use or disclose, and you agree that Zimtu may use or disclose, this information and technical information about your use of the ZimtuAdvantage website, or communicate separately with you.
4. Opt-out policy
5. Unsubscribe Policy
Members may unsubscribe to any of Zimtu's electronic newsletters at any time by following the instructions contained at the end of every newsletter or alternatively by following the instructions on the ZimtuAdvantage website.
Zimtu reserves the right, at Zimtu's sole discretion and at any time, to change, modify, add or delete portions of this Disclaimer and Agreement without further notice. Any such revised Disclaimer and Agreement will be posted on the ZimtuAdvantage website. Your access or use of any of the ZimtuAdvantage website after any such revision constitutes your acceptance of the revised Disclaimer and Agreement. If you do not agree to the current or any future revised Disclaimer and Agreement, do not access and use (or continue to access and use) any of the ZimtuAdvantage website. Because of this, it is important that you regularly check the Disclaimer and Agreement to determine if there have been any revisions to the Disclaimer and Agreement.
The ZimtuAdvantage website is not directed at persons who are residents of any country where dissemination of any of the information contained on any of the ZimtuAdvantage website is not permitted.
7. Change in ZimtuAdvantage Website or in Site Content
Zimtu may, at any time and in its sole discretion, add, delete or change in any manner any of the ZimtuAdvantage website. In addition, you agree that Zimtu may:
1. establish general rules, practices, policies, limits and/or restrictions concerning your use of any of the ZimtuAdvantage website;
2. change these general rules, practices, policies, limits and/or restrictions at any time, in its sole discretion, with or without notice; and/or
3. terminate User accounts or memberships that are inactive for a certain period of time as determined by Zimtu. Zimtu may also, in its sole discretion and without any obligation, delete, remove, make changes to and/or correct any error or omissions in any portion of any site content, including without limitation your user content.
In addition to any other disclaimers found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law that:
A. YOUR ACCESS TO AND USE OF ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, SHALL BE AT YOUR SOLE RISK. THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZIMTU EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS AND NON-INFRINGEMENT, WITH RESPECT TO THEM; AND/OR
B. ZIMTU, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING:
1. THE AVAILABILITY, TIMELINESS, RELIABILITY, ACCURACY, INTEGRITY, SECURITY, USEFULNESS AND/OR QUALITY OF ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT), APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
2. THE COPYRIGHT COMPLIANCE AND/OR LEGALITY OF ANY USER CONTENT;
3. THE CORRECTION OF ANY ERRORS IN ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
4. ANY COMMENTS, RATINGS, RANKINGS AND/OR THE LIKE OF ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CONTENT, BY ZIMTU, ANY OTHER USERS AND/OR ANY THIRD PARTIES OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN OR IN CONNECTION WITH ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
5. ANY ENDEAVOUR BY AND/OR OBLIGATION OF ZIMTU TO MONITOR OR REVIEW ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR ANY PRODUCTS;
6. ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT AND/OR DESTRUCTION WITH RESPECT TO ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
7. ANY UNAUTHORIZED ACCESS TO AND/ OR ALTERATION OF ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
8. ANY USER COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY COMMUNICATION NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET AT ANY SITE OR COMBINATION THEREOF; AND/OR
9. ANY INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM ANY ACCESS TO AND/OR USE OF ANY OF THE ZIMTUADVANTAGE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SERVICES, SITE CONTENT AND/OR APPLICATIONS;
9. Termination or Suspension
Zimtu may terminate or suspend your membership, terminate the Agreement, delete Your Information, including without limitation any of your User Content, in whole or in part, and/or limit, restrict and/or prohibit you from accessing and using any of the ZimtuAdvantage website, for any reason, at any time, at its sole discretion, with or without notice.
10. Entire Agreement and Waiver
The Agreement constitutes the entire agreement between Zimtu and you regarding your access to and use of any of the ZimtuAdvantage website, and supersedes any prior agreements between Zimtu and you regarding the same. Zimtu's failure to exercise or enforce any of its rights under the Agreement shall not constitute a waiver of such rights in that or any other instance. Zimtu reserves the right to modify the terms and conditions of the Agreement, at any time and without prior notice, as set forth herein.
To the extent that any term of the Agreement is determined by a competent authority to be invalid, illegal or otherwise unenforceable, then that term will be limited to the extent necessary to render the Agreement valid and enforceable if possible. The remaining terms will be enforced to give effect to the intention of the parties insofar as possible.
You may not assign, in whole or in part, any of your rights or obligations under the Agreement, without the prior written consent of a duly authorized representative of Zimtu and other than as set forth in the Agreement, there shall be no third party beneficiaries.
13. Governing Law and Forum
The Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to:
1. submit themselves to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, Canada; and
2. irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.