BY SELECTING THE "Yes I agree to the Terms & Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH AHEAD OF THE HERD HOLDINGS INC. OFFERS YOU ACCESS TO AHEADOFTHEHERD.COM SERVICES.
General Notice and Disclaimer
This notice and disclaimer applies to the Aheadoftheherd.com website operated by Ahead of the Herd Holdings Inc., a company continued under the laws of British Columbia, Canada and its subsidiaries, affiliates, assigns, successors and related entities ("Ahead of the Herd").
The Aheadoftheherd.com website is an on-line newspaper focusing on financial information. Ahead of the Herd Holdings Inc. 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 Aheadoftheherd.com (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 Aheadoftheherd.com 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 authorized to give it.
The Service, Materials and Products provided through Ahead of the Herd Holdings Inc. 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 Aheadoftheherd.com Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
Ahead of the Herd Holdings Inc. 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. Ahead of the Herd Holdings Inc. 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. Ahead of the Herd Holdings Inc. and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on Aheadoftheherd.com and it’s affiliates 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 Aheadoftheherd.com and affiliated websites.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY AHEAD OF THE HERD HOLDINGS INC. AND OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS, AND AHEAD OF THE HERD HOLDINGS INC. 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 AHEAD OF THE HERD HOLDINGS INC. 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.
Third Party Content.
Ahead of the Herd Holdings Inc. is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Ahead of the Herd Holdings Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Aheadoftheherd.com are those of the respective author(s) or distributor(s) and not of Ahead of the Herd Holdings Inc. Neither Ahead of the Herd Holdings Inc. 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.
Ahead of the Herd Holdings Inc. encourages you to exercise discretion while browsing the Internet. Ahead of the Herd Holdings Inc. makes no representations concerning any endeavour to review the content of Aheadoftheherd.com or any of the Materials, and so Ahead of the Herd Holdings Inc. is not responsible for the accuracy, copyright compliance, or legality of material contained on Aheadoftheherd.com or in the Materials.
Aheadoftheherd.com is not directed at persons who are residents of any country where dissemination of any of the information contained on Aheadoftheherd.com is not permitted.
Privacy Policy
Ahead of the Herd Holdings Inc. 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 Ahead of the Herd Holdings Inc. follows a policy of "informed consent". In using the varied features of Aheadoftheherd.com you may provide information (such as name, contact information, or other registration information) to Ahead of the Herd Holdings Inc., service providers, or other businesses you contact. Ahead of the Herd Holdings Inc. and these entities may use, and you agree that Ahead of the Herd Holdings Inc. may use, this information and technical information about your use of Aheadoftheherd.com or communicate separately with you. Ahead of the Herd Holdings Inc. will not provide information to companies you have not interacted with, and we prohibit the companies that get such information from selling or redistributing it without your prior notice. Ahead of the Herd Holdings Inc. will not disclose your personal information, except as described herein, and Ahead of the Herd Holdings Inc. will not disclose information to others that would connect your user name with your actual name unless Ahead of the Herd Holdings Inc. is compelled to by law. In our sole discretion we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
Ahead of the Herd Holdings Inc. intends this policy to reduce uninvited use of your personal information. If, however, you do not want to receive any future communications from Ahead of the Herd Holdings Inc., please contact us via our feedback form, contact@aheadoftheherd.com and we will do our best to avoid such communications.
Intellectual Property
Ahead of the Herd Holdings Inc. respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. Ahead of the Herd Holdings Inc. may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.
Aheadoftheherd.com and the Aheadoftheherd.com logo are trademarks of Ahead of the Herd Holdings Inc.
Opt-out policy
Ahead of the Herd Holdings Inc. gives its members options wherever necessary and practical. Such choices include: - Choosing not to receive the Aheadoftheherd.com electronic newsletter.
User Information Modification Policy
Ahead of the Herd Holdings Inc. offers members the ability to correct or change the information collected during registration. Members who wish to change such information should contact management using contact@aheadoftheherd.com
Unsubscribe Policy
Members may unsubscribe to the Aheadoftheherd.com electronic newsletter at any time by following the instructions contained at the end of every newsletter.
Terms of Use
This Agreement between you and Ahead of the Herd Holdings Inc. is effective immediately by you on clicking the "I Accept" button, and may be amended at any time by Ahead of the Herd Holdings Inc. posting the amended terms on our site. The amended terms shall be posted by Ahead of the Herd Holdings Inc. and shall automatically be effective 5 days after they are initially posted on the site. This Agreement may not otherwise be amended, except in writing consented to by both parties.
1.1Definitions
Unless otherwise indicated in this Agreement, the following terms shall be defined for the purposes of this Agreement as follows:
(a) "Business Day" means a day (excluding Saturdays) on which banks are open for business in British Columbia, Canada;
(b) "us" and "we" means Ahead of the Herd Holdings Inc. and any subsidiary, affiliate, assign, successor, employee, director, officer, agent, or representative thereof.
(c)"you" means a user of Aheadoftheherd.com
Eligibility for Membership
Our services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of 19, or age of majority in your jurisdiction of residence. If you do not qualify, please do not use our services.
Aheadoftheherd.com Site Use
Ahead of the Herd Holdings Inc. agrees to permit you to use Aheadoftheherd.com during the term of this Agreement and subject to the provisions contained in it in order to post and read information on the forums regarding any topic that you or any other user wishes to post. If you wish to make a complaint regarding a forum posting, YOU MUST use the "report a violation" function. ONLY COMPLAINTS RECEIVED VIA THE "REPORT A VIOLATION" FUNCTION WILL BE ADDRESSED. All such rules and procedures shall be subject to modification, at the sole discretion of Ahead of the Herd Holdings Inc., at any time during the term of this Agreement.
Change in Services
We may, in our sole discretion, add, delete or change some or all of our services at any time.
1.2 Only a Venue
THE FORUMS PORTION OF THE AHEADOFTHEHERD.COM ACTS AS THE VENUE FOR INDIVIDUALS TO SHARE FINANCIAL AND INVESTMENT INFORMATION. YOU UNDERSTAND AND AGREE THAT AHEAD OF THE HERD HOLDINGS INC. IS ACTING SOLELY AS A MERE PASSIVE CONDUIT BY MEANS OF WHICH INDIVIDUALS ARE ABLE TO SHARE INFORMATION VIA MESSAGES POSTED ON THE FORUMS. THIS AGREEMENT SHALL NOT BE DEEMED TO CREATE ANY PARTNERSHIP, JOINT VENTURE, OTHER JOINT BUSINESS RELATIONSHIP, TRUST, AGENCY OR FIDUCIARY RELATIONSHIP BETWEEN ANY OF THE PARTIES AND YOU UNDERSTAND AND AGREE THAT THERE SHALL NOT BE ANY INTEGRATION BETWEEN THE PARTIES.
If you have a dispute with one or more users, you release Ahead of the Herd Holdings Inc. (and our agents, directors, officers, employees and representatives) from any and all claims, demands and damages, direct, indirect, special, incidental, actual and consequential, of any kind and nature, including but not limited to, defamation, slander and libel, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the forums. You also waive any rights that you may have by reason of any common law or statute applicable at the time of the dispute.
FOR LEGAL REASONS, WE CANNOT NOR DO WE TRY TO CONTROL THE INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE THROUGH AHEADOFTHEHERD.COM FORUMS. AHEAD OF THE HERD HOLDINGS INC. PLAYS NO PART WHATSOEVER IN THE GENERATION OR DEVISING OF SUCH INFORMATION. BY ITS VERY NATURE, OTHER PEOPLE'S INFORMATION MAY BE INACCURATE, AND IN SOME CASES WILL BE MISLABELLED OR DECEPTIVELY LABELLED. WE EXPECT THAT YOU WILL USE CAUTION - AND COMMON SENSE - WHEN USING AHEADOFTHEHERD.COM IN PARTICULAR, YOU SHOULD NOT PLACE ANY RELIANCE ON THE CONTENT OF THE FORUMS. FOR THE PURPOSE OF MAKING ANY KIND OF INVESTMENT DECISION SUCH AS A DECISION TO BUY OR SELL OR OTHERWISE DEAL IN A SECURITY OR OTHER INVESTMENT. SECURITIES OR OTHER INVESTMENTS REFERRED TO IN THE FORUMS MAY NOT BE SUITABLE FOR YOU AND INVESTMENT DECISIONS IN RELATION TO THEM SHOULD ONLY BE MADE AFTER TAKING INDEPENDENT INVESTMENT ADVICE FROM A PERSON AUTHORISED TO GIVE IT.
1.3 System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Aheadoftheherd.com or any activities being conducted on the Aheadoftheherd.com. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
1.4 Passwords
You are responsible for the confidentiality and use of your username and password. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You acknowledge that using the service on two or more computers simultaneously is in violation of this Agreement. You agree to notify Ahead of the Herd Holdings Inc. immediately of any loss, theft, or unauthorized use of his/her username and password.
1.5 Your Information
Your information includes any information you provide to us or other users during the registration or in the forums or in any public message area or through any email feature (collectively "Your Information"). With respect to Your Information:
(a)You agree that Your Information provided to us by you during the registration is true, accurate, correct and complete and that you will notify us immediately of any changes to it. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use or to provide incorrect information as to your location or relevant to your right to use the Aheadoftheherd.com
(b)You agree that you are solely responsible for Your Information, and we act as a mere passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe that it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other Suppliers.
(c)You undertake and agree that Your Information:
(i)shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
(ii)shall not violate any law, statute, ordinance or regulation;
(iii)shall not be defamatory, trade libellous or unlawfully threatening;
(iv)shall not be false, inaccurate or misleading;
(v)shall not contain any invitation, inducement or offer to buy or sell any kind of security or other investments;
(vi)shall not contain any promotional material in respect of any kind of security or other investment;
(vii)shall not be provided for any business purpose; and
(viii)shall not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(d)Solely to enable Ahead of the Herd Holdings Inc. to use Your Information you supply to us, so that we are not violating any rights you may have in that information, you agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights, but no other rights, you have in Your Information, in any media now known or not currently known, with respect to Your Information. Ahead of the Herd Holdings Inc. will only use Your Information in accordance with our Privacy Policy.
1.7 Limit Of Liability
1.10.1 YOU UNDERSTAND AND AGREE THAT THE USE OF AHEADOFTHEHERD.COM IS AT YOUR OWN RISK AND THAT AHEAD OF THE HERD HOLDINGS INC. DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, TERM OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICES OR USE OF AHEADOFTHEHERD.COM TO BE PROVIDED OR WITH RESPECT TO ANY POSTINGS PURSUANT THERETO, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR CAUSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
1.10.2 IN NO EVENT SHALL AHEAD OF THE HERD HOLDINGS INC. OR AHEADOFTHEHERD.COM'S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR LOST PROFITS, LOST SALES, LOST BUSINESS, LOST OPPORTUNITY, LOST INFORMATION, LOST OR WASTED TIME OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT.
1.8 Exclusion of Warranties
IT IS EXPRESSLY UNDERSTOOD AND AGREED TO BY THE PARTIES HERETO THAT EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
1.9 General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
1.10 Intellectual Property Rights
You recognize and agree that you have no rights in or to, the whole, or any part of, the trade names AheadoftheHerd.com and the Aheadoftheherd.com logo, and all other uses including country specific references and/or usage of the names Aheadoftheherd.com or to any of the Aheadoftheherd.com components or processes, software or data and you will not, except as otherwise permitted by this Agreement while it is in effect, disclose, make use of or otherwise infringe upon the intellectual property or any derivatives thereof, it being specifically understood that the intellectual property is owned solely and exclusively by Ahead of the Herd Holdings Inc. or its licensors. You hereby acknowledge that the market data information provided is the property of the various exchanges and other information providers and therefore subject to modifications from the sources and controlled by all copyright and other interests maintained by the data sources. You agree that upon any violation of this covenant, Ahead of the Herd Holdings Inc. shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages to which Ahead of the Herd Holdings Inc. may be entitled. This covenant is independent of any other covenant, term or condition of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for the giving of this covenant, Ahead of the Herd Holdings Inc. would not have entered into this Agreement.
1.11 Notices
Except as explicitly stated otherwise, any notices shall be given by email at http://www.Aheadoftheherd.com (in the case of Ahead of the Herd Holdings Inc.) or to the email address you provided during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed to be given 5 Business Days after the date of mailing.
1.12 Indemnity
You hereby agree to indemnify, defend and hold Ahead of the Herd Holdings Inc., its affiliates, including but not limited to its distribution partners and their officers, directors and employees harmless for all liability, claims, damages and costs, including, without limitation, reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties provided in this Agreement. You also agree to hold Ahead of the Herd Holdings Inc. harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with any errors, malfunctions or defects in connection with the Aheadoftheherd.com
1.13 Force Majeure
Ahead of the Herd Holdings Inc. shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control, including, without limitation, any act of God, natural catastrophe, war, pestilence, labour dispute, telecommunications disruption, or any other matter, cause or thing which such parties do not directly control.
1.14 Termination
Either party, upon notice to the other party, may terminate this Agreement without cause.
1.15 Assignment
You may not assign, in whole or in part, any of your rights or obligations under this Agreement, without the written consent of Ahead of the Herd Holdings Inc..
1.16 Legal Fees
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, or any of the provisions hereof, the prevailing party therein shall be entitled to recover from the non-prevailing party, in addition to any other relief to which such prevailing party may be entitled, reasonable legal fees, costs and necessary disbursements.
1.17 Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia, Canada. The Parties to this Agreement agree to submit themselves to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada and agree to attorn any dispute arising from this Agreement or from use of the Aheadoftheherd.com
1.18 Severability
If one or more provisions of this Agreement are held to be invalid, generally or specifically in a given jurisdiction, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be, and shall be, severable.
1.19 Disclosures
The services hereunder are offered by Ahead of the Herd Holdings Inc., 2215 Sorrento Drive, Coquitlam, BC, V3K 6H6
1.20 Modification to Terms
Ahead of the Herd Holdings Inc. reserves the right to modify the terms and conditions of this License Agreement and to terminate customer's access to and use of Aheadoftheherd.com delivered data at any time and without prior notice.
1.21 Entire Agreement
This Agreement constitutes the entire agreement between you and Ahead of the Herd Holdings Inc. and supersedes all other agreements. No other representations or warranties are made, save for those contained within this Agreement.
1.22 Third Party Content Providers
The rights and limitations contained in this Disclaimer and Terms of Use are for the benefit of information providers, each of which shall have the right to enforce its rights hereunder both directly and on its own behalf.
Please direct any questions or concerns regarding this disclaimer or the forums policy via our feedback form: contact@aheadoftheherd.com
BY CLICKING THE "I ACCEPT" BUTTON I AM ACKNOWLEDGING THAT I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.
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