Wealth Management Canada Website Terms of Use

Last updated on May 8th, 2018

  1. GENERAL

These Wealth Management Canada Website Terms of Use for www.WealthManagementCanada.com (the “Site”), constitute a legal agreement and are entered into by and between you and Wealth Management Canada.com Ltd., a company registered under the laws of Canada (“Wealth Management Canada”, “we”, “us”, “our”). The following website terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, and use of, the Site, including any and all content, functionality, products and services offered on or through the Site. For the purposes of these Terms of Use, the word “content” includes any text, photographs, images, graphics, software, source code, apps, specifications, audio files, videos, articles, blogs, trademarks, logos and other information or materials available through the Site.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://www.wealthmanagementcanada.com/privacy-policy/ (THE “PRIVACY POLICY“), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

This Site is designed and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site. By using this Site, you represent and warrant that you are lawfully able to enter into contracts. If you do not meet all of our eligibility requirements, you must not access or use the Site.

These Terms of Use exempt Wealth Management Canada and other persons from liability or limits their liability and contains other important provisions that you should read.

  1. Definitions
    1. These words have the following meanings: “Introduction” means the provision by Wealth Management Canada of your personal information (as defined in our Privacy Policy) to a Wealth Manager or Wealth Managers based on your answers in the Questionnaire and “Introduce”, “Introduces” and “Introducer” shall be interpreted accordingly; ”Introduction Date” means the date on which Wealth Management Canada first Introduces you; “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); ”Questionnaire” means the questionnaire on the Site used to match you with Wealth Managers; “Services” means wealth management services; ”you”/”your” means you as the person using the Site; and “Wealth Manager” means a person who provides the Services.
    2. Clause headings shall not affect the interpretation of these Terms of Use.
    3. Words in the singular shall include the plural and vice versa.
    4. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    5. Reference to writing or written includes e-mail.
    6. References to clauses are to the clauses of these Terms of Use.
  2. WEALTH MANAGEMENT CANADA’S OBLIGATION
    1. If you completely, truthfully and accurately complete and submit the Questionnaire, then Wealth Management Canada shall use its reasonable efforts to introduce you to Wealth Managers, listed on Wealth Management Canada’s database, with the intention that you obtain advice from the Wealth Manager regarding your requirements and the Services.
    2. Wealth Management Canada warrants that it:
      1. Is impartial and that it only Introduces you on the basis of your answers to the Questionnaire and information provided by the Wealth Managers about the Services they provide;
      2. Shall not provide you with any specific advice relating to any particular investment;
  • Shall not make any arrangements for you with any Wealth Manager regarding the Services;
  1. Shall Introduce you to Wealth Managers only when you request the Introduction.
  1. YOUR OBLIGATIONS AND CONDUCT
    1. You warrant that in using the Site you shall:
      1. Not attempt to recomplete the Questionnaire within six months without the express consent of Wealth Management Canada;
      2. Provide complete, truthful and accurate answers to the Questionnaire;
  • Complete the Questionnaire in good faith with the genuine intention of discussing your requirements with the Wealth Managers to whom you are Introduced; and
  1. Assist Wealth Management Canada with any reasonable queries Wealth Management Canada may have, including but not limited to, queries relating to your answers to the Questionnaire and any existing relationship with Wealth Managers.
  1. NO RELIANCE
    1. Wealth Management Canada promotes the services of suitably authorized and regulated Wealth Managers. It does not itself, and will not, offer or provide any financial advice or carry on any kind of insurance, financial, investment business or banking services whatsoever.
    2. The content on Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from taking, any action on the basis of the content on the Site. Many factors unknown to us may affect the applicability of any content contained on the Site to your particular circumstances and any use of the content contained on the Site is at your own risk. The content contained on the Site is not intended to be a substitute for professional advice. Always seek professional advice with any specific questions you may have. Never disregard professional advice or delay in seeking it because of something you have read on the Site.
    3. Although we make reasonable efforts to update the content on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, reliable or up to date. Your use of the Site is at your own risk and Wealth Management Canada no responsibility or liability whatsoever for your use of the Site.
    4. The Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Wealth Management Canada, are solely the opinions and the responsibility of the person providing such content. Such content does not necessarily reflect the opinion of the Wealth Management Canada. Wealth Management Canada is not responsible, or liable to you or any other party, for the content or accuracy of any third-party content. You understand and agree that Wealth Management Canada’s sole role is to Introduce you to Wealth Managers. Wealth Management Canada has no responsibility and shall not be liable to you for any goods or services offered or provided by any third party, including, but not limited to, the Services or any other goods or services provided by Wealth Managers.
    5. The contents of this Site do not purport to provide any financial, investment or professional advice and nothing on the pages of the Site shall be deemed to constitute the offer or provision of financial, investment or other professional advice in any way.
  • Wealth Management Canada is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using the content on the Site and in no event does Wealth Management Canada have any liability for any damages resulting from reliance on or use of such content.
  • The Site is for informational and demonstrative purposes only. The Site is not: (I) a comprehensive or detailed statement concerning the matters addressed; (II) advice or a recommendation; or (III) an offer, solicitation or recommendation to sell or buy any stock, bond or other financial instrument or any product or service.
  1. FEE DISCLOSURE
    • The Wealth Manager will charge you fees for the Services but will not inflate the fee that you pay them to compensate for any cost they incur in relation to our fees. Access to the Site is free, however it is Wealth Management Canada’s policy to continuously review the terms on which Wealth Management Canada provides its services and accordingly Wealth Management Canada reserves the right to introduce a fee to use the Site at any time. Wealth Management Canada may vary any such account charges from time to time.

 

  1. Modifications to these Terms of Use and to the Site
    • We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Site. You agree to periodically review these Terms of Use to be aware of any such modifications. Your continued use of the Site shall constitute your acceptance of the then-current Site terms of use.
    • The content on the Site and the Site itself may be changed, withdrawn or terminated at any time in our sole discretion without notice to you or any other user. We will not be liable if for any reason all or any part of the Site is restricted to you or any other user or is unavailable at any time or for any period.
  2. Your Use of the Site and Account Set-Up and Security
    • You are responsible for obtaining your own access to the Site and for the Site’s availability and performance. You are required to ensure that all persons who access the Site through your internet connection are aware of, and comply with, these Terms of Use. You are responsible for any security breaches or performance issues relating to accessing the Site.
    • The Site may require user registration or filling out of forms or questionnaires. It is a condition of your use of the Site that all the information you provide on the Site is correct, true, unaltered, current, accurate and complete.
    • Your provision of information and any submissions you make to the Site through any functionality such as applications, chat rooms, e-mail, telephone calls, message boards, personal or interest group web pages, profiles, forums, online forms, blogs, questionnaires, bulletin boards and other such functions (collectively, “Interactive Functions”) constitute your consent to all actions we take with respect to such information in accordance with the Privacy Policy.
    • You are prohibited from attempting to circumvent and from violating the security of this Site including without limitation: (I) accessing content and data that is not intended for you; (II) attempting to breach or breaching the security and/or authentication measures which are not authorized; (II) restricting, disrupting or disabling service to users, hosts, servers or networks; (IV) illicitly reproducing TCP/IP packet header; (V) disrupting network services and otherwise disrupting the Site owner’s ability to monitor the Site; (VI) using any robot, data mining, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site content; (VII) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (VIII) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; (IX) attempting to decompile or reverse engineer any software contained on this Site; and (XX) otherwise attempting to interfere with the proper working of the Site. You may not use any network monitoring or discovery software to determine the site architecture or extract information about usage or users.
  3. Intellectual Property Rights and Ownership
    • You understand and agree that the Site and its entire contents, features, Interactive Functions and functionality, including but not limited to all displays, design, presentation, selection and arrangement, are owned by Wealth Management Canada, its licensors or other providers of such contents, features, Interactive Functions and functionality and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. We claim copyright in this Site to the fullest extent allowed by applicable law.
    • The Wealth Management Canada name, Wealth Management Canada logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Wealth Management Canada or its affiliates or licensors. You must not use such marks without the prior written permission of Wealth Management Canada. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such marks, except as expressly authorized in writing, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
    • You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Site, in any form or medium whatsoever except:
      1. Your computer and browser may temporarily store or cache copies of Site content being accessed and viewed; and
      2. A reasonable number of copies for your personal use only may be printed or kept in digital format keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever.
    • You are not permitted to modify copies of any content from the Site nor to delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Site. You must not access or use any part of the Site or any services, products or content available through the Site for any commercial purposes.
    • If you print, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the content you have made. You have no right, title or interest in or to the Site or to any Site content, and all rights not expressly granted are reserved by Wealth Management Canada. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other intellectual property laws.
  4. Conditions of Use, User Submissions and Site Content Standards
    • As a condition of your access to, and use of, the Site, you agree that you may use the Site only for lawful purposes and in accordance with these Terms of Use.
    • The following content standards apply to any and all content you submit, post, publish, display or transmit (collectively, “submit”) to the Site, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. It is your responsibility to ensure that any and all User Submissions comply with all applicable federal, provincial, local and international laws, rules and regulations.
    • Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submissions shall not:
      1. In any manner violate any applicable federal, provincial, local or international law, rule or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property or any other legal rights (including the rights of publicity and privacy of others) or contain any content that could give rise to any civil or criminal liability under applicable laws, rules or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy;
      2. Involve, provide or contribute any false, inaccurate, incomplete or misleading information;
  • Impersonate or attempt to impersonate Wealth Management Canada, a Wealth Management Canada employee, another user or any other person (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  1. Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm Wealth Management Canada or other users of the Site or expose them to liability;
  2. Include causing annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any person;
  3. Promote any illegal activity, or advocate, promote or assist any unlawful act; and
  • Give the impression that they originate from or are endorsed by us or any person, if this is not the case.
  • The list of prohibitions above provides examples and is not complete, exhaustive or exclusive. The prohibitions listed above do not require Wealth Management Canada to monitor, police or remove any User Submissions or other information submitted by you or any other user. It is your responsibility to ensure that your use of the Site and any User Submissions do not violate the prohibitions above.
  1. User Submissions: Grant of License
    • The Site may contain Interactive Functions allowing User Submissions on or through the Site.
    • We will not be subject to any confidentiality requirements or obligations with respect to any and all User Submissions that you submit to the Site. By providing any User Submission to the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to a world-wide, royalty free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content for any purpose and/or to incorporate such content into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
    • By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and to comply with these Terms of Use. You represent and warrant that all User Submissions comply with all applicable laws and these Terms of Use.
    • You understand and agree that you, not Wealth Management Canada, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its correctness, truthfulness, currency, accuracy and completeness. We are not responsible or legally liable to you or any third party for the User Submissions or the correctness, truthfulness, currency, accuracy and completeness of any User Submissions submitted by you or any other user of the Site.
  2. Site Monitoring and Enforcement; Suspension and Termination
    • We reserve the right, without provision of any notice to you, to:
      1. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion for any reason or no reason; and
      2. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Submission on or through the Site.
    • YOU WAIVE AND HOLD HARMLESS WEALTH MANAGEMENT CANADA AND ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION OR PROCEEDING TAKEN BY WEALTH MANAGEMENT CANADA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER WEALTH MANAGEMENT CANADA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
    • We have no obligation and no responsibility to monitor the Site or its use, and we do not and cannot undertake to review any and all User Submissions that you or other users submit to the Site.
  3. Privacy
    • Any user information submitted through the Site and all User Submissions will be deemed our property and your submissions and use of the Site constitute your consent to the collection, use, maintenance, transfer and disclosure of any such user information and User Submissions as we deem necessary, in accordance with the Privacy Policy.
    • By using the Site, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies; however, if you do turn off cookies, some areas of the Site may not function adequately.
  4. Communications Not Confidential
    • It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions or other materials are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited content, information, ideas, suggestions or other materials, and take no responsibility for any content, information, ideas, suggestions or other materials so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions or other materials, you further agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever and in our sole discretion, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
  5. Electronic Delivery Policy
    • Wealth Management Canada transacts with the users of the Site electronically. WHEN YOU REGISTER WITH THE SITE OR MAKE A USER SUBMISSION, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM US ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS OR OTHER RECORDS (COLLECTIVELY, “NOTICES”). You agree that we generally can send you electronic Notices in either or both of the following ways: (I) to the e-mail address that you provided to us during registration; or (II) we may post Notices on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing. You must check your designated e-mail address regularly for Notices. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice, when you receive it or whether you actually receive the Notice. Your only method of withdrawing consent to receive Notices electronically is to terminate any registrations, subscriptions or services provided through the Site. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of these Terms of Use by clicking on the “Terms of Use” link located at the bottom of each web page of the Site.
  6. Third-Party Websites
    • For your convenience, the Site may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from the Site. If you choose to access any such website, you do so at your own risk. We have no control over the contents of any such third-party websites, and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites. Any reference on the Site to any product or service by trade name, trademark, hypertext link or otherwise is provided to you for your convenience only and, unless expressly stated otherwise, does not constitute or imply its endorsement or recommendation by Wealth Management Canada.
    • Such links to third party websites from the Site, may include links to certain social media features that enable you to link or transmit certain limited content from the Site. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party websites are subject to any additional terms and conditions we provide with respect to such features.
    • You may link to our homepage only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. We reserve the right to withdraw linking permission from you or any other user without notice. It is your responsibility to ensure that the website in which you are linking complies in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
  7. Geographic Restrictions

The owner of the Site is based in the Province of Ontario in Canada. We provide this Site for use only by persons located in Canada. The Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from any country other than Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  1. Disclaimer of Warranties
    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    2. NEITHER WEALTH MANAGEMENT CANADA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SERVICE PROVIDERS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WEALTH MANAGEMENT CANADA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SERVICE PROVIDERS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEALTH MANAGEMENT CANADA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
    3. We cannot and do not guarantee or warrant that content available for downloading from the internet or the Site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Site and your computer, internet and data security. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO IT.
  2. Limitation on Liability

UNDER NO CIRCUMSTANCE WILL WEALTH MANAGEMENT CANADA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF WEALTH MANAGEMENT CANADA HAS BEEN ADVISED OR HAD REASON TO KNOW OR IF IT WAS REASONABLY FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, OR ANY CONTENT THEREON. In the event some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Wealth Management Canada’s liability shall be limited to the FULLEST extent permitted by law. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using and accessing the Site. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WEALTH MANAGEMENT CANADA, ITS SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $10, OR THE TOTAL AMOUNT YOU PAID TO WEALTH MANAGEMENT CANADA IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  1. Claims
    1. Any claims arising in connection with your use of the Site must be brought within two (2) years of the date of the event giving rise to such action occurred.
    2. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Wealth Management Canada, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Site, including, but not limited to, your User Submissions, third party websites, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use.
  2. Governing Law, WAIVER, SEVERABILITY, ENTIRE AGREEMENT
    1. The Site, and your use thereof, the Privacy Policy and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
    2. Any action or proceeding arising out of or relating to this Site and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and you and Wealth Management Canada irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Before you can commence any action or proceeding arising out of or relating to this Site and these Terms of Use, you must first give us an opportunity to resolve such matter by emailing us at info@wealthmanagementcanada.com and provide us with the following information: (I) your name; (II) your address; (III) a written description of your claim; and (IV) a description of the specific relief you seek.
    3. No waiver by Wealth Management Canada under these Terms of Use is effective unless it is in writing and signed by an authorized representative of Wealth Management Canada. No failure to exercise, or delay in exercising, any right, remedy, power or privilege of Wealth Management Canada arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege of Wealth Management Canada hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
    4. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
    5. These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Wealth Management Canada regarding the Site, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
  3. REPORTING AND CONTACT
    1. This Site is operated by Wealth Management Canada.
    2. Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to Wealth Management Canada at info@wealthmanagementcanada.com.
    3. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@wealthmanagementcanada.com.

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