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Terms of Service

THIS AGREEMENT WAS LAST UPDATED ON July 12, 2008.

 

PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OR BECOME A MEMBER OF CAPITAL ESSENCE. This Terms of Use Agreement (the "Agreement") and our Privacy Policy, which is hereby incorporated by reference, governs your use of the capitalessence.com site, products and services ("Capital Essence" or the "Service"), which Capital Essence provides financial infotainment and education from Capital Essence Corp. ("we" or "us"). By accessing or using the products, services, website and software provided through or in connection with Capital Essence, you signify that you have read, understood, and agree to be bound by this Agreement and our current Privacy Policy, whether or not you are a registered member. If you do not agree to any of these terms or any future Terms of Use, you may not use or access (or continue to access) the Service.

1. Changes to the Agreement.  We may change the terms of this Agreement at any time and without prior notice. If we do this, we will post the changes to this page and indicate at the top of the page the date the Agreement was last revised. You can access this document at any time by selecting the Terms of Use link located at the bottom of every page on the Capital Essence web site. Your use of Capital Essence after changes are made to this Agreement means that you agree to be bound by such changes.  As our business changes constantly, this Agreement, our Privacy Policy, and other pertinent company policies may change also. You should check our web site frequently to see recent changes.

2. Legal Disclaimer.  Capital Essence Corp. is a content provider and publisher and is not a registered broker-dealer. By using the Capital Essence products and services, including without limitation any and all content available on or through the Service, you understand and agree that the material provided in Capital Essence products and services is for informational and educational purposes only, and that no mention of a particular security in any Capital Essence product or service constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand and agree that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Capital Essence product or service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand and agree that any Capital Essence product or service may contain opinions from time to time with regard to any securities mentioned in other Capital Essence products or services, and that those opinions may be different from those contained in another Capital Essence product or service. You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made as of the time of publication.

You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any Capital Essence publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.

When U.S. exchanges are open, stock and fund quotes are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the most recent day of trading.

BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.

3. Registration.  In order to access certain features of the Service, you will have to become a member of Capital Essence by subscribing and creating a Capital Essence account. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing Capital Essence through an Internet access provider or other third party service. You may never use another user's account without permission.

By providing Capital Essence your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. You may unsubscribe to certain email communications at any time by sending us an email or written notice.  We may also use your email address to send you other messages, including changes to Capital Essence features and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to [info@capitalessence.com] with the word "No email" in the subject field or by sending mail to the following postal address:

Capital Essence
10013 - 5576 Yonge Street
North York, ON
M2N - 0B6
Canada

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

3. Privacy.  Registration data and other information about you are subject to our Privacy Policy. If you are located outside of Canada note that information that you provide to us is being sent to Canada. By subscribing to Capital Essence, you consent to your data being sent to Canada.

4. Fees and Payments.  You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for Capital Essence (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Annual fees and charges, and monthly fees once billed, are nonrefundable.  We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you want to change your service, or change or update any other relevant account information, you may do so by sending an email message to [accountmanager@capitalessence.com] with the word "Account Update" in the subject field. If you believe someone has accessed Capital Essence using your user name and password without your authorization, you must immediately notify us via email. You can contact us via the "Contact Us" section of Capital Essence, located at the bottom of every page.

Capital Essence will automatically bill you according to your subscription choice upon completion of the registration form.

We may offer a free trial subscription from time to time. If you don't cancel your subscription within the free trial offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site.

Payment Processing and Delivery: Payment for goods, services and subscriptions are processed by PayPal.com.  Files, user names and passwords are all delivered via a certified email service that provides us with a digital certificate as proof of delivery.

5. Renewal, Cancellation and Refund Policy.  Your subscription will renew automatically at the beginning of each subscription period (monthly or annually), unless you terminate it. You can cancel your subscription at any time by sending an email message to [accountmanager@capitalessence.com] with the word "Subscription Cancellation" in the subject field in at least 5 business days prior to your subscription renewal date. As previously stated, fees cannot be refunded or prorated. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.  Again, no credit will be issued against unused subscription time. All sales of our products are final.

6. Limitations on Use.

a. Access to the subscriber areas of Capital Essence is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access Capital Essence at the same time using the same user name or password, unless otherwise expressly permitted in writing by Capital Essence.

b. The content available through Capital Essence , including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all intellectual property rights related thereto, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Capital Essence reserves all rights not expressly granted herein in the Service and its Content. Capital Essence may terminate this license at any time for any reason or no reason.

You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family, with the following two exceptions:

(i) You may occasionally distribute a copy of an article or a portion of an article from Capital Essence in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in Capital Essence, original source attribution, and the phrase "Used with permission from Capital Essence.com" or "Used with permission from Capital Essence Corp." Please contact us if you need to distribute content from Capital Essence to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement. You can contact us via the "Contact Us" section of Capital Essence, located at the bottom of every page.

(ii) You may use our "E-mail To A Friend" service, as it is available, to e-mail an article from Capital Essence to a few individuals, without charge.

c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section 6, you agree not to post any Content from Capital Essence to newsgroups, mail lists or electronic bulletin boards, without our written consent.

To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact Capital Essence customer service at info@capitalessence.com.

d. You agree not to use Capital Essence for any unlawful purpose. We reserve the right to terminate or restrict your access to Capital Essence at any time and without notice if, in our opinion, your use of Capital Essence may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

7. Code of Conduct. While using any Capital Essence product or service, you agree not to:

Restrict or inhibit any other visitor or member from using any Capital Essence product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Capital Essence web site;

Use any Capital Essence product or service for any unlawful purpose;

Express or imply that any statements you make are endorsed by us, without our prior written consent;

Transmit (a) any content or information that violates any law or regulation or is fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

Engage in spamming;

Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Capital Essence web site;

Remove any copyright, trademark, or other proprietary rights notices contained in the Capital Essence web site;

"Frame" or "mirror" any part of the Capital Essence web site without our prior written authorization;

Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any Capital Essence product or service or its contents;

Harvest or collect information about visitors to or members of Capital Essence without their express consent; or

Permit anyone without an account or subscription to use any Capital Essence product or service through your subscription, user name or password.

While using Capital Essence products or services you agree to comply with all applicable laws, rules and regulations.

8. Links to Other Websites. Our products and services may contain links to other Internet web sites or resources. Capital Essence Corp. neither controls nor endorses such other web sites, nor will it review or approve any content that appears on such other web sites. If you choose to follow a link to another web site, the terms of service and privacy policy of that web site, not of Capital Essence, apply. You acknowledge and agree that Capital Essence shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

9. Disclaimers of Warranties and Limitations on Liability. YOU AGREE THAT YOUR ACCESS TO AND USE OF CAPITAL ESSENCE AND THE CONTENT AVAILABLE THROUGH CAPITAL ESSENCE IS ON AN "AS-IS", "AS AVAILABLE" BASIS. CAPITAL ESSENCE CORP. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS ("THE CAPITAL ESSENCE PARTIES") SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE CAPITAL ESSENCE PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF CAPITAL ESSENCE PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.

YOU ACKNOWLEDGE THAT THE CAPITAL ESSENCE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF CAPITAL ESSENCE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE CAPITAL ESSENCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

YOU AGREE THAT THE MAXIMUM LIABILITY THE CAPITAL ESSENCE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY CAPITAL ESSENCE PRODUCTS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled from its facilities in Canada. Capital Essence makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. General. This Agreement contains the final and entire agreement between you and Capital Essence Corp. regarding your use of Capital Essence and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of Capital Essence. Capital Essence Corp. may discontinue or change Capital Essence, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of Ontario, Canada applicable to contracts made entirely within Toronto (Ontario) and wholly performed in Toronto (Ontario), without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or provincial court located in Toronto (Ontario). This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11. Indemnification. You agree to indemnify, defend and hold the Capital Essence Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any Capital Essence products or services.

 

 

 
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