TMX Money Terms of Use & User Agreement

The following terms and conditions ("Terms of Use") govern the relationship between You ("You", "User", "Registered User", "Company User", or "Premium User", as applicable and defined below), TSX Inc. and its affiliates and subsidiaries (collectively, "TMX" or "we") in the use of the website located at money.tmx.com and ("the Website" or "TMX Money").

General
1. The TMX Money Website consists of various applications, content, and functionality, including the abilities to search for, display, transmit, retrieve, publish, and distribute documents and other content in an electronic format and the ability to communicate with other Users and with us (collectively, the User Content and Company User Content, mutatis mutandis).
2. By using the Website(s) as a User or by checking, where required, the "Accept the Terms of Use" box, or other electronic acceptance prompts on the Website(s) as a Registered User, Company User, or Premium User, as applicable, You accept and agree to be bound and comply with this Terms of Use & User Agreement, and our Privacy Policy found at (www.tmx.com/privacy-policy), incorporated herein by reference. If You do not agree to be bound by any of the terms of this Terms of Use & User Agreement, including any updates hereto, then You must not access or use the Website.
3. TMX may, at its sole and absolute discretion, update this Terms of Use & User Agreement from time to time, subject only to such notice as may be required by law. Any and all such updates are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Use & User Agreement in order to be aware of any such modifications and Your continued use of the Website shall be deemed Your conclusive acceptance of the updated Terms of Use & User Agreement.
Definitions
In these Terms of Use & User Agreement:
1. the term "Content" means the all the contents, features, and functionality of the Website, including but not limited to all Information (defined below), data, software, interactive features, tools, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement; For clarity, Content, when used herein, does not include Your User Content or Company User Content but does include User Content and Company User Content supplied by or on behalf of other users.
2. the terms "Company" or "Companies" refer to the organization(s) on whose behalf You are authorized to use TMX Money as an employee, or as a provider of legal, accounting, consulting, or other professional services to such Company or Companies.
3. The term "Company User" refers to an individual, employed or otherwise retained by a Company or Companies, acting for or on behalf of such Company or Companies.
4. the term "Information" means all information and other data accessible or provided by TMX or the Service Providers (defined below) via the Website, including but not limited to market information, quotes, company information, charting, news, options, dividends, financial information and research data;
5. the term "Service Providers" includes, but is not limited to, any licensors, suppliers, information providers, or other third parties that provide, from time to time, any data, information, content, tool, feature, or service for the purposes of this Website;
6. the term "User" refers to any individual who accesses or uses the Website via the Internet;
7. the term "Premium User" refers to a Registered User or Company User, as these terms are defined in section 1(b), above, who has registered or subscribed, via such means as are provided herein, for additional Services provided hereunder, for a fee or charge associated thereto;
8. the term "Registered User" refers to a User who has provided additional information and has agreed or accepted, by such electronic acceptance prompts as appear on the Website, to the present Terms of Use & User Agreement;
9. the terms "User Content" and "Company User Content" mean all data, information, content, material, Company information, opinions, text, graphics, logos, photographs, video, and audio, shared, posted, or uploaded to the Website by a User or Company User, whether on the User’s own behalf or by a Company User as an administrator on behalf of a Company.
User Rights Granted and User Restrictions on Use
1. TMX grants You a limited non-exclusive, non-transferable license to view and print the material on the Website for Your non-commercial or personal use only. All copies that You make must retain all copyright and other notices that are on the Website. Except as provided herein, You may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, design, layout, information, data, software, applications, interactive features, tools, services or other material or content on or made available through the Website (referred to collectively, as the "Content" of the Website) without TMX's prior written permission. 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 the Website, in any form or medium whatsoever except: (a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (b) a reasonable number of copies for personal use only may be printed 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.
2. As between You and TMX, You acknowledge and agree that the Website and their Content are the property of TMX, its affiliates or, as applicable, its Service Providers and You will not acquire any rights or licenses in any trade-marks, patents, copyright, or other intellectual property on the Website or in its Content. The Website and their Content are protected by copyright, both individually and as a collective work or compilation, and by trade-mark law, patent law, and any other applicable laws.
Market Information
1. All market information and other data, including but not limited to quotes, company information, charting, news, options and research data are provided by TMX or its Service Providers for informational purposes only, and are not intended for trading purposes. Neither TMX nor any of its Service Providers guarantee the sequence, accuracy, or completeness of any market information or other data, and shall not be liable or responsible in any way for any delays, inaccuracies, or errors in any market information or other data or in the transmission of any market information or other data. You agree not to rely upon the market information or other data for any trading, business or financial purpose. Neither TMX nor its Service Providers, or any of their respective affiliates, directors, officers, agents and representatives shall under any circumstances be liable or responsible in any way for any damages, losses or costs arising from reliance on this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the market information or other data.
2. "If, As & When Issued Securities" (sometimes marked as "When Issued" or "WI") are not listed securities and have not been issued. Special settlement terms apply. If closing does not occur, these trades will be unwound.
3. Market information is generally delayed 15 minutes or more. Please refer to the associated time stamp on each market data chart or table to obtain the age of the data. Before purchasing or selling securities or other investments You should always consult with a qualified broker or other qualified financial advisor to verify pricing information.
4. Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Website, including Service Provider attributions and terms of use noted at the bottom of each market information page of the Website; Your use of these pages is subject to, and You are responsible for, complying with these additional terms.
Authority to Use the Website
By using the Website You, as a User, Registered User, Company User, or Premium User, as applicable, are representing to us that You have the power and authority to accept these Terms of Use & User Agreement and to enter into this Agreement with us, that You are capable of assuming, and do assume, any risks related to the use of the Website and its content, and that You understand and accept the terms, conditions and risks specified below relating to their use. If You are dissatisfied with the Website or its content, Your sole and exclusive remedy is to stop using it.
Disclaimer of Liability for Website Content
The Content on or made available through the Website is for informational purposes only and is not intended to provide legal, accounting, tax, investment, financial or other advice and such content should not be relied upon for such advice. TMX, its Service Providers, and each of their respective affiliates, directors, officers, agents and representatives assume no liability for any inaccurate, delayed or incomplete content, nor for any actions taken in reliance thereon. The Content contained on or made available through the Website, including without limitation, the content obtained through Service Providers or through any other link, has been supplied by such Service Providers or other third parties without verification by us. The views, opinions and advice of any third party provided on the Website reflect those of the individual authors and are not endorsed by us. Past performance is not necessarily indicative of future performance. Prior to making any investment decision, it is recommended that You consult directly with the individual or firm and seek advice from a qualified investment advisor. Neither TMX nor any of its affiliates or Service Providers make or have made any recommendations regarding the securities or investment services of any person or entity with respect to the content of the Website, or of the advisability of investing in securities generally for any particular individual.
ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THE WEBSITE AND THE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TMX, ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. TMX, ITS AFFILIATES AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.
Indemnity
YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR THE CONTENT, USER CONTENT, COMPANY USER CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE, AND YOU RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS TMX, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE AND/OR THE CONTENT, COMPANY USER CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE.
Advertising and Third Party Websites
1. TMX accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the Website. No endorsement by TMX is intended or implied by the presence of such advertising.
2. For Your convenience, the Website may provide links or pointers to third party sites. TMX makes no representations about any other Website that may be accessed from the Website. If You choose to access any such sites, You do so at Your own risk. TMX has no control over the contents of any such third party sites, and accepts no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions and privacy policies of such third party sites.
3. Such links to third party sites from the Website may include links to certain social media features that enable You to link or transmit on Your own or using certain third party Website, certain limited Content from the Website. You may only use these features when they are provided by TMX and solely with respect to the Content identified. Such features and links to third party sites are subject to any additional terms and conditions TMX provides with respect to such features.
4. As a convenience to our visitors, the Website currently contain links to a number of Website. The privacy policies and procedures described here do not apply to those Website. We suggest contacting these Website directly for information on their data collection and distribution policies. Your linking to such Website or pages is at Your own risk. TMX is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. TMX provides these links merely as a convenience and the inclusion of such links does not imply that TMX endorses or accepts any responsibility for the content or uses of such Website.
Sponsored Content
The content identified as "From Our Sponsors" has been provided by the sponsor identified in that content, and is provided for informational purposes only. The content is not endorsed by TMX and TMX is not responsible for, and assumes no liability for, any errors or omissions in the content provided or any actions taken in reliance thereon.
Non-Confidential Use of Your Postings
Any non-personal communication, comments, ideas or material You post or transmit to TMX is, and will be treated as, non-confidential and non-proprietary to You. By transmitting or posting any communication or material to the Website You grant to TMX and all of its affiliates, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post Your communication for any purpose. You also agree that TMX is free to use any ideas, concepts, know-how or techniques posted or transmitted to us for any purpose. However, we will not release Your name, personally identifiable information, or otherwise publicize the fact that You submitted materials or other information to us unless: (a) You grant us permission to do so; (b) we first notify You that the materials or other information You submit to a particular part of a site will be published or otherwise used with Your name on it; or (c) we are required to do so by law.
Protecting Information
We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages You may suffer as a result of loss, interception, alteration or misuse of information You provide us or any information transmitted over the Internet. Please see our Privacy Policy for further details.
Privacy
1. Your submissions of User Content and Company User Content and use of the Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such User Content or Company User Content submissions in compliance with our Privacy Policy [www.tmx.com/privacy-policy], as we deem necessary for use of the Website.
2. TMX may collect information, whether deemed personal or otherwise, provided by You about Your sector interests and investment style in order to offer You a personalized and optimized experience on the Website. TMX may share such information, in an aggregated and anonymized format, with the companies profiled on the Website. TMX may also share general, anonymized, and aggregate information with the companies profiled on the Website about user visits, interaction with and activity on the company’s profile page.
3. If You request Company User access to or for a Company’s profile page, TMX may collect additional information from You in order to verify Your affiliation with such Company.
4. In some cases, when You use the Website, TMX may collect Your internet protocol (IP) address, the type of Internet browser You are using, the type of computer operating system You are using, the advertisement or domain name of the website from which You linked to the Website, and other technical data. By using this Website 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. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see www.tmx.com/privacy-policy.
5. The collection, use, disclosure and storage of such information will be in accordance with our Privacy Policy [www.tmx.com/privacy-policy], including for the purpose of improving or optimizing Website user experience or in the development of additional future services.
Security
1. You are solely responsible to ensure that You maintain the confidentiality of Your username and password. You will be solely responsible for all use (and misuse) of Your account. All activities that occur in Your account will be deemed to have been authorized by You. You will immediately notify TMX if You become aware of any unauthorized use of Your account. We will not be liable for any damages, losses, or expenses incurred by You in connection with any unauthorized use of Your account.
2. We, and our Service Providers, have reasonable security measures in place to protect against the loss, misuse, alteration, and interception by third parties of the personal information under our control. However, complete confidentiality and security is not possible over the Internet. We assume no liability for any damages You may suffer as a result of loss, interception, alteration or misuse of information You provide TMX or any information transmitted over the Internet.
Changes to Terms of Use & User Agreement
TMX reserves the right to revise these Terms of Use & User Agreement at any time without notice to You. You are bound by such revisions so we encourage You to visit this page frequently to stay informed.
Website Modification
TMX may change the Website, including eliminating or discontinuing any content on or made available through the Website, at any time and in its sole discretion.
Access
The Website, or any part thereof, may be unavailable in whole or in part from time to time or may be permanently discontinued at any time. Further, TMX may implement updates to, perform maintenance on, or make other changes to the Website at any time. TMX will use commercially reasonable efforts to give You advance notice where possible and to advise You where changes will result in a temporary or permanent unavailability of the Website or any part thereof. We will not be liable for any damages arising from any interruption, delay, discontinuance, unavailability, or termination of the Website.
Violations of Terms of Use & User Agreement
TMX reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use & User Agreement, including without limitation, the right, without provision of notice to:
1. Remove or refuse to post on the Website any User Content or Company User Content for any or no reason in our sole discretion; 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 Website. Without limiting the foregoing, TMX has the right fully to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and,
3. Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation, or suspected violation, of these Terms of Use & User Agreement.
Other Countries
The Website can be accessed from countries around the world other than Canada and may contain references to TMX products, services, and programs that have not been announced in Your country. These references do not imply that TMX intends to announce such products, services or programs in Your country. TMX makes no representation that the content on the Website is appropriate or available for use in other locations, and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.
Laws
The Website (excluding linked sites) are controlled by TMX from its offices within the Province of Ontario, Canada. By accessing the Website, You and TMX agree that all matters relating to Your access to, or use of, the Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and TMX also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use & User Agreement.
Choice of Law and Venue
You agree that all matters relating to Your access to, or use of, the Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.
Trademarks
You are not permitted to use any of the trademarks displayed or referenced on the Website without the prior written consent of TMX Group or the third party that owns the trademark.
General
1. These Terms of Use & User Agreement, and the Privacy Policy (www.tmx.com/privacy-policy), constitute the entire agreement between You and TMX with respect to the subject matter hereof and supersedes all prior agreements, representations, proposals, discussions and understandings, oral or written in respect of Your use of the Website.
2. You may not, without the prior written consent of TMX, provide a hypertext link to the Website on another website.
3. By using the Website, You consent to receive notices, messages and other communications from TMX electronically, including by e-mail. TMX may also communicate with You by posting messages or notices on the Website. You agree that all agreements, notices, messages, and other communications that TMX provides to You electronically or on the website satisfy any legal requirement that such communications be in writing. Notices to TMX should be made to tmxadmin@tmx.com. Notices to You will be made to the e-mail address that You provided as part of Your user profile. You agree to keep Your contact information up to date.
4. These Terms of Use will be binding upon and enure to the benefit of each party and their respective successors and permitted assigns. You may not assign these Terms of Use.
5. The failure of any party at any time to require performance of any provision will not affect the right to require performance at any other time, nor will the waiver by any party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself.
6. If any provision of these Terms of Use is declared illegal, void or unenforceable for any reason, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect.
7. If You become aware of any misuse of the Website, or if You have any questions about the Website, our use of personal information, or about these Terms of Use, please contact us at our e-mail address tmxadmin@tmx.com.
How to Contact Us
TMX may accept advertising from listed companies, brokers and other organizations and may receive a fee from their advertising on the Website. No endorsement by TMX is intended or implied by the presence of such advertising.
If you have any questions about these Terms of Use or the Websites, please contact us at our e-mail address webmaster@tsx.com.
Securities
Neither TMX, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities referred to on or through the Website or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or through or linked to the Website, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.
Registered User Conditions of Use
1. You represent, warrant, and covenant to TMX as follows:
  1. You have the power, capacity, and authority to accept and enter into these Terms of Use;
  2. You will not use the Website in any manner that violates: (i) any applicable federal, provincial, state, local, or international law or regulation including, without limitation, any laws relating to: the export of data or software; securities; patents; trademarks; trade secrets; copyrights; or other intellectual property laws; (ii) third party legal rights (including the rights of publicity and privacy of others); or (iii) these Terms of Use and the TMX Privacy Policy [www.tmx.com/privacy-policy];
  3. Except as provided in Section 9.2 below with respect to personal use, You will not copy, use, disclose, publish, or distribute any Content obtained from the Website, whether directly or through third parties without the prior written consent of TMX;
  4. All information You provide on the Website, including Your User Content and all information You provide in order to obtain a user registration or administrative access for a company profile, is correct, current and complete;
  5. You will not use any other person’s login information and You will not to permit any person to use Your login information;
  6. You will not disable or bypass, or attempt to disable or bypass, any of the security features of the Website;
  7. You will not impersonate or attempt to impersonate the TMX, a TMX employee, another user, or any other person or company (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  8. You will not transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales through the Website, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  9. You will not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by TMX, may harm TMX or users of the Website or expose them to liability;
  10. You will not engage in any activity or submit any User Content that causes annoyance, inconvenience, or needless anxiety or that would be likely to upset, embarrass, or alarm any other person; and
  11. You will not promote any illegal activity, or advocate, promote, or assist any unlawful act.
2. User Content
  1. User Content that You share or post may be viewed by other users of the Website.
  2. TMX is not obligated to publish any User Content on the Website and TMX may remove any User Content in its sole discretion, with or without notice.
  3. You represent, warrant and covenant to TMX the following:
    1. You will not: (i) submit, file, upload or transmit any User Content that contains any virus or any other similar software that may damage or disrupt the operation of the Website or another's computer or compromise the security of the Website or cause the unauthorized disclosure of data to any person; (ii) interfere with or disrupt networks connected to the Website; or (iii) use any device or software or attempt to interfere with the proper functioning of the Website;
    2. You will not submit any User Content that includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
    3. You will not submit any User Content that violates any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, securities, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [www.tmx.com/privacy-policy];
    4. You will not submit any User Content that includes, provides or contributes any false, inaccurate or misleading information;
    5. You will not impersonate, or attempt to impersonate, a company, a company employee, another user, or any other person or entity (including, without limitation, by using an email address, or screen names associated with any of the foregoing); and
    6. You will not give the impression that any User Content originates from or is endorsed by TMX or any other person or entity, if this is not the case.
    7. By submitting or posting any User Content to the Website, You grant TMX and our affiliates, a worldwide, transferrable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties such User Content for any purpose and to incorporate such User 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 or posting any User Content.
    8. You represent, warrant and covenant to TMX that You own or have the necessary rights and approvals to submit the User Content and that You have the right to grant the license provided herein and that the that the User Content complies with applicable laws and the standards set out in these Terms of Use.
    9. You understand and agree that You are solely responsible for any User Content You submit or contribute, and that You are solely responsible and legally liable including to any third party for any User Content. TMX is not responsible or legally liable to any third party for the User Content or for the accuracy of any User Content submitted by You or any other user of the Website.
    10. Only approved administrators will have access to submit User Content to enhance certain fields on a company’s profile page. You may apply to TMX to obtain administrative access to Your company’s profile. If You apply to obtain administrative access to a company’s profile, You agree to provide accurate and up-to-date information about You reasonably requested by TMX to verify Your affiliation with such company. TMX assumes no liability whatsoever with respect to the approval of any administrator or with respect to any acts or omissions of an administrator.
    11. When You share, post, or upload User Content as an administrator on behalf of a company profiled on the Website, You represent and warrant that You are authorized by such company to share, post, or upload User Content on behalf of such company.
      The Content and User Content are made available for informational purposes only, and are not intended for trading purposes or to provide legal, accounting, tax, investment, financial or other advice and should not be relied upon for such advice. The Content and User Content provided are general in nature and do not represent any advice with respect to investing in, buying or selling securities, and have not been tailored to the needs of any person. TMX does not provide investment advice; therefore, any investment decision that You make, or investment strategy that You use, is done at Your sole discretion and at Your own risk. The availability of the Website and the Content and User Content does not constitute an offer, invitation, solicitation, advertisement, referral, or recommendation to buy, sell, or trade any securities or other products listed or traded on, or processed in connection with TMX or any other marketplace or electronic platform. TMX does not sponsor, endorse, or recommend any investment strategies, securities or other products referenced in the Website or the advisability of investing in securities generally for any particular individual. It is Your sole responsibility to determine the suitability of any project, strategy, financing or other investment opportunity for Your own investment objectives. Any investment decision and/or strategy that You make or use, whether or not such decision or strategy derives from or relies upon the Content, User Content, or other data accessible or provided via the Website, is done so at Your sole discretion and risk. Past performance and historic valuations are no guarantee of future performance or future valuations.
      ANY CONTENT OBTAINED THROUGH SERVICE PROVIDERS, OTHER USERS OR THROUGH ANY OTHER LINK, HAS BEEN SUPPLIED BY SUCH SERVICE PROVIDERS, USERS, OR OTHER THIRD PARTIES WITHOUT VERIFICATION BY TMX. THE VIEWS, OPINIONS AND ADVICE OF ANY THIRD PARTY PROVIDED ON THE WEBSITE REFLECT THOSE OF THE INDIVIDUAL AUTHORS AND ARE NOT ENDORSED BY TMX. TMX HAS NO OBLIGATION NOR ANY RESPONSIBILITY TO MONITOR THE WEBSITE OR USE OF THE WEBSITE AND DOES NOT AND CANNOT REVIEW CONTENT. TMX CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED OR UPLOADED AND TMX ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING ANY CONTENT OR USER CONTENT.
      THE WEBSITE AND ALL CONTENT, USER CONTENT, INFORMATION AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE ARE MADE AVAILABLE OR PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. YOUR USE OF THE WEBSITE AND THE CONTENT, USER CONTENT AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE IS SOLELY AT YOUR OWN RISK. TMX, ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING SECURITY, ACCURACY, RELIABILITY, PERFORMANCE, TIMELINESS, AVAILABILITY, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE WEBSITE, CONTENT, USER CONTENT, INFORMATION OR ANY OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE WILL BE ERROR-FREE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THIS SECTION 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Company and Company User Conditions of Use
1. You represent, warrant, and covenant to TMX as follows:
  1. You have accepted the Terms of Service as a Registered User, including the representations, warranties, and covenants contained therein;
  2. You have the power, capacity, and authority to accept and enter into these Company and Company User Conditions of Use.
Company User Content
1. Company User Content is Content that You share or post which may be viewed by other users of the Website.
2. TMX is not obligated to publish any User Content or Company User Content on the Website and TMX may remove any User Content or Company User Content at its sole discretion, with or without notice.
3. You represent, warrant and covenant to TMX the following:
  1. You will not: (a) submit, file, upload or transmit any User Content or Company User Content that contains any virus or any other similar software that may damage or disrupt the operation of the Website or another's computer or compromise the security of the Website or cause the unauthorized disclosure of data to any person; (b) interfere with or disrupt networks connected to the Website; or (c) use any device or software or attempt to interfere with the proper functioning of the Website;
  2. You will not submit any User Content Company User Content that includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
  3. You will not submit any User Content or Company User Content that violates any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, securities, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [www.tmx.com/privacy-policy];
  4. You will not submit any User Content or Company User Content that includes, provides or contributes any false, inaccurate or misleading information;
  5. You will not impersonate, or attempt to impersonate, a Company, a Company employee, another User or Company User, or any other person or entity (including, without limitation, by using an email address, or screen names associated with any of the foregoing); and
  6. You will not give the impression that any User Content or Company User Content originates from or is endorsed by TMX or any other person or entity, if this is not the case.
4. By submitting or posting any User Content or Company User Content to the Website, You grant TMX and our affiliates, a worldwide, transferrable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties such User Content Company User Content for any purpose and to incorporate such User Content or Company User 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 or posting any User Content or Company User Content.
5. You represent, warrant and covenant to TMX that You own or have the necessary rights and approvals to submit the User Content or Company User Content and that You have the right to grant the license provided herein and that the that the User Content or Company User Content complies with applicable laws and the standards set out herein.
6. You understand and agree that You are solely responsible for any User Content or Company User Content You submit or contribute, and that You are solely responsible and legally liable including to any third party for any User Content or Company User Content. TMX is not responsible or legally liable to any third party for the User Content or Company User Content or for the accuracy of any User Content or Company User Content submitted by You or any other user of the Website.
7. Only approved administrators will have access to submit Company User Content to enhance certain fields on a company’s profile page. You may apply to TMX to obtain administrative access to Your company’s profile. If You apply to obtain administrative access to a company’s profile, You agree to provide accurate and up-to-date information about You reasonably requested by TMX to verify Your affiliation with such company. TMX assumes no liability whatsoever with respect to the approval of any administrator or with respect to any acts or omissions of an administrator.
8. When You share, post, or upload User Content or Company User Content as an administrator on behalf of a company profiled on the Website, You represent and warrant that You are authorized by such company to share, post, or upload Company User Content on behalf of such company.
9. Disclaimer of Liability for User Content and Company User Content
  User Content and Company User Content is general in nature and do not represent any advice with respect to investing in, buying or selling securities, and have not been tailored to the needs of any person. TMX does not provide investment advice; therefore, any investment decision that You make, or investment strategy that You use, is done at Your sole discretion and at Your own risk. The availability of the Website, the Content, User Content, and Company User Content does not constitute an offer, invitation, solicitation, advertisement, referral, or recommendation to buy, sell, or trade any securities or other products listed or traded on, or processed in connection with TMX or any other marketplace or electronic platform. TMX does not sponsor, endorse, or recommend any investment strategies, securities or other products referenced in the Website or the advisability of investing in securities generally for any particular individual. It is Your sole responsibility to determine the suitability of any project, strategy, financing or other investment opportunity for Your own investment objectives. Any investment decision and/or strategy that You make or use, whether or not such decision or strategy derives from or relies upon the User Content, Company User Content, or other data accessible or provided via the Website, is done so at Your sole discretion and risk. Past performance and historic valuations are no guarantee of future performance or future valuations. TMX strongly recommends that You seek independent expert advice on all aspects of potential transactions, financings or investments relating to the Content, Company User Content, Information and other materials accessible or provided via the Website. Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Website, including the Service Provider attributions and terms of use noted at the bottom of each market information page of the Website, as Your use of these pages is subject to, and You are responsible for complying with, these additional terms.
  THE WEBSITE AND ALL CONTENT, COMPANY USER CONTENT, INFORMATION AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE ARE MADE AVAILABLE OR PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. YOUR USE OF THE WEBSITE AND THE CONTENT, COMPANY USER CONTENT AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE IS SOLELY AT YOUR OWN RISK. TMX, ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING SECURITY, ACCURACY, RELIABILITY, PERFORMANCE, TIMELINESS, AVAILABILITY, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE WEBSITE, CONTENT, COMPANY USER CONTENT, INFORMATION OR ANY OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE WILL BE ERROR-FREE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THIS SECTION 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
  ANY CONTENT OBTAINED THROUGH SERVICE PROVIDERS, OTHER USERS OR THROUGH ANY OTHER LINK, HAS BEEN SUPPLIED BY SUCH SERVICE PROVIDERS, USERS, OR OTHER THIRD PARTIES WITHOUT VERIFICATION BY TMX. THE VIEWS, OPINIONS AND ADVICE OF ANY THIRD PARTY PROVIDED ON THE WEBSITE REFLECT THOSE OF THE INDIVIDUAL AUTHORS AND ARE NOT ENDORSED BY TMX. TMX HAS NO OBLIGATION NOR ANY RESPONSIBILITY TO MONITOR THE WEBSITE OR USE OF THE WEBSITE AND DOES NOT AND CANNOT REVIEW CONTENT. TMX CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED OR UPLOADED AND TMX ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING ANY CONTENT OR COMPANY USER CONTENT.
  TMX, ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSSES, OR EXPENSES INCURRED BY YOU IN CONNECTION WITH OR RELATED TO (A) ANY SERVICE PROVIDER, USER, OR OTHER THIRD PARTY WEBSITE OR CONTENT THEREIN, DIRECTLY, OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED ON THE WEBSITE; (B) LOSS OF REVENUE, REPUTATION, OPPORTUNITY, OR PROFIT; (C) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE; (D) DELAYS, INTERRUPTION, DISCONTINUANCE, OR UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT, USER CONTENT, INFORMATION, AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE; OR (F) ANY OTHER LIABILITY OR CLAIM WHATSOEVER ARISING OUT OF THESE TERMS OF USE OR FROM ANY USE OF OR YOUR INABILITY TO USE THE WEBSITE HOWSOEVER CAUSED, EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
  THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BROUGHT UNDER STATUTE, IN CONTRACT, TORT, OR STRICT LIABILITY, OR FOR NEGLIGENCE, BREACH OF A FUNDAMENTAL TERM, OR FUNDAMENTAL BREACH, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
10. No Damages
  TMX, ITS AFFILIATES, SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE (OR A WEBSITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY TMX'S OR ITS AFFILIATES' OR SERVICE PROVIDERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
  THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
11. Limitation of Liability
  TMX, ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSSES, OR EXPENSES INCURRED BY YOU IN CONNECTION WITH OR RELATED TO: (A) YOUR USE OF THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE; (B) ANY ERRORS OR OMISSIONS IN THE WEBSITE; (C) ANY INACCURATE, INCOMPLETE, ERRONEOUS, OR DELAYED CONTENT, COMPANY USER CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE VIA THE WEBSITE; (D) ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDER OR USER; (E) ANY SERVICE PROVIDER, USER, OR OTHER THIRD PARTY WEBSITE OR CONTENT THEREIN, DIRECTLY, OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED ON THE WEBSITE; (F) LOSS OF REVENUE, REPUTATION, OPPORTUNITY, OR PROFIT; (G) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE; (H) DELAYS, INTERRUPTION, DISCONTINUANCE, OR UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (I) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT, COMPANY USER CONTENT, INFORMATION, AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE; OR (J) ANY OTHER LIABILITY OR CLAIM WHATSOEVER ARISING OUT OF THESE TERMS OF USE OR FROM ANY USE OF OR YOUR INABILITY TO USE THE WEBSITE HOWSOEVER CAUSED, EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
  THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BROUGHT UNDER STATUTE, IN CONTRACT, TORT, OR STRICT LIABILITY, OR FOR NEGLIGENCE, BREACH OF A FUNDAMENTAL TERM, OR FUNDAMENTAL BREACH, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

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