"you/your" means (as appropriate), the visitor, registered user and/or subscriber accessing the Website or using a Service.
"we/us/our" means FMG.
"Services" means the on-line financial information and other services provided by us solely to registered users and/or subscribers.
CONDITIONS OF USE AND INTELLECTUAL PROPERTY
All rights in the material on the Website or provided as part of a Service (including without limitation any news sent by e-mail as part of a subscription service) (together the "Content") belong to us or our third party content providers and are protected by the copyright, trade marks, and/or other intellectual property laws of Canada, UK, US and other countries. You agree to abide by all applicable copyright, intellectual property and other laws, as well as the terms of any additional copyright notices or restrictions contained on the Website or in these Terms. We may license third parties to use the Content at our sole discretion. You agree to use the Website and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with our business. Subject to the above, you may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network), but you may not reproduce, modify or exploit any of the Content for commercial purposes. The trade marks Financial Modelling Group and FMG and logos appearing on the Website are the property of the Financial Modelling Group Inc., other trade marks/logos appearing on the Website are the property of their respective owners, and none of these marks may be used without the express prior written permission of the respective owners.
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
You represent and warrant that: (a) you have the capacity to agree to these Terms; and (b) you are at least eighteen (18) years of age. You undertake that: (a) you will not infringe the copyright or any other intellectual property or other rights in or relating to the Website or the Services or of any third party; (b) you will comply fully with the Terms; (c) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Website or any software or document which is proprietary to us or any of our third party licensors. You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Website. Without prejudice to the limitation of liability provisions below, you agree that your use of the Website site or a Service is at your sole risk and acknowledge that the Website and/or Service and anything contained therein, including, but not limited to, content, services, products or advertisements (the "items") are provided "as is." The items published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the items herein. We and/or our suppliers make no representations and, to the fullest extent allowed by law, disclaim all warranties, express or implied, including, but not limited to warranties of merchantability, title and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within this website, or the results obtained from accessing and using the website and/or the items contained therein. We do not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, that the Website, including bulletin boards or the servers that make them available, are free of viruses or other harmful components, or that the use of any of the items will not infringe the intellectual property rights of any third party. You assume the entire cost of all necessary maintenance, repair or correction. We will exercise reasonable skill and care in our provision of the Services, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable. We will endeavour to ensure all Items are priced correctly, however errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your order or reconfirming at the correct price. Items sent for overseas delivery may be subject to import duties and taxes collected at the final destination. All sales or use taxes, import duties or additional customs charges are not our responsibility and must be borne entirely by you. We have no control over these charges and we expressly disclaim any responsibility or liability for them.
LINKS TO EXTERNAL SITES AND THIRD PARTY TRANSACTIONS
The Website or a Service may contain links to other sites provided by Sponsors or other third parties ("External Websites"). We shall endeavor to highlight such links although some External Websites may be co-branded with ours; and/or advertisements for, and/or the opportunity for you to purchase products or services from third parties or other group companies, and/or links to External Websites advertising and/or providing the opportunity for you to purchase such products or services ("Third Party Services"). Any discussions or contracts relating to Third Party Services will be exclusively between you and the relevant third party. The content of External Websites and Third Party Services are not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of External Websites or Third Party Services. We do not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website or Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of External Websites or Third Party Services (c) make any endorsement, express or implied, of any External Websites or Third Party Services. Your correspondence with, or participation in promotions of third party advertisers for or providers of Third Party Services, including payment for and delivery of Third Party Services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such third parties. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or purchase or as the result of the presence of such third parties on the Website.
LIMITATIONS OF LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud, or intentional unlawful conduct by us, or death or personal injury resulting from our negligence and the paragraphs below shall be subject to this provision. The Content is made available for your general information and use and is not intended for trading purposes or to address your particular requirements. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Further, the Content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Website are at your sole risk and responsibility. We, our suppliers, officers, employees, general partner, affiliates, subsidiaries, successors and assigns, and third party agents will not be liable to you directly or indirectly for: (a) any incidental, punitive, special or consequential damage, loss or expenses including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you; (b) any damage, loss or expenses suffered by you as a result of any viruses, worms, "Trojan horses" or similar programs, denial or service attack, spamming or hacking or consequential damages or any claim against us by any other party; (c) any fault, inaccuracy, omission, delay or any other failure in the Website or a Service caused by your computer equipment or arising from your use of the Service on such equipment; (d) any inaccuracies or errors in or omissions from the Website or a Service including, but not limited to, quotes and financial data; (e) any delays, errors or interruptions in the transmission or delivery of the Website or a Service; or (f) any loss or damage arising by any reason of non-performance. We are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website or a Service. You understand that we or any third party contributors to the Website or a Service may choose at any time to inhibit or prohibit the Content from being accessed under the Terms. In the event that you order goods for delivery outside your home country, you may be subject to import duties and taxes which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; FMG has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from FMG, you are considered the importer of record and must comply with all law and regulations of the country in which you are receiving the goods. FMG's international customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. FMG may provide certain order, delivery and product information, such as the product's title, to our international carriers and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws. If the order is a gift, the package will be marked 'Gift' but the cost of the item will still be stated on the customs form. Customs authorities require FMG to state the value of the gift item directly on the package. In the event that you incur any loss or damages arising out of your use of the Website or a Service, you agree that our liability to you shall be limited to the sum of US $350.
SEMINAR REGISTRATION AND CANCELLATION POLICY
If and when you register for a course or seminar with FMG please note that FMG reserves the right to change or cancel any part of its course or seminar due to unforeseen circumstances. Course participant cancellation or transfer requests must be made in writing (e-mail, letter or fax) and reach FMG Toronto office at least 20 working days before the course commencement date. A full refund less a US$100 administration fee will be given. If you wish to send a replacement course participant, you must notify FMG in writing at least 20 working days before the course commencement date. Apart from the US$100 administration fee you will not incur any additional charges in case of such trasfer. Course participants who cancel less than 20 days before the course commencement date, or who do not attend, are liable to pay the full course fee and no refunds will be granted. If you wish to transfer to a different course within a six month period, and you have paid your course fee in full, you will be invoiced a 25% additional charge to transfer your registration plus any difference in course prices.
You hereby agree to indemnify and hold us harmless and you will keep us fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which we might suffer by reason of a breach by you of these Terms and in particular any of the warranties, representations and undertakings listed above. For the avoidance of doubt, this indemnity shall extend to any losses which we may suffer as a result of the use by third parties of your user name and password except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault of your own.
CHANGES TO THESE TERMS
We may add to or change the provisions of these Terms from time to time. All additions and changes will be notified to you by being posted on this Website and material changes will be emailed to our registered users and subscribers. It is your responsibility to refer regularly to these Terms and note the additions and changes. They will come into effect immediately on being posted on this Website and you will be deemed to have accepted them if you access the Website after that time. If you do not wish to accept them, you must terminate these Terms as described below.
TERM AND TERMINATION
With the exception of paid areas to our Website and Services where a subscriber loses access on expiration of their subscription, use of and access to the Website and Services is not subject to any particular time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. (a) As a visitor, you may terminate these Terms by simply discontinuing your use of the Website. (b) As a registered user or subscriber, subject to any minimum subscription periods notified to you upon subscription, you may terminate these Terms in relation to any specific Service or Website by electronic notice to us using the contact information of the Website. (c) We may terminate these Terms and your use of the Website and/or any Service at any time by email to our registered users and subscribers or in relation to visitors to the Website, by withdrawing access to the Website. We may terminate these Terms and your rights to the Website and/or Service immediately without us having to provide notice, in the event you commit a breach of any provision of these Terms. Termination of these Terms shall not affect a party's accrued rights and obligations that may have arisen on or before the date of termination, including, but not limited to, the payment of any sums outstanding under these Terms at the date of termination, which sums shall be payable on the due date under these Terms or within fifteen (15) days of such termination, whichever is sooner.
CHANGES TO CONTENT
We reserve the right to modify, delete or change any aspect of the Content, the Interactive Areas, the Website and or any of the technical specifications or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the Website.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
These Terms constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
CHOICE OF LAW
Where you visit, register and/or subscribe to the Website, these Terms, to the maximum extent permissible under the law of the territory that you are located in, will be governed by Canadian law and will be subject to the non-exclusive jurisdiction of the Canadian courts.
Where you visit, register and/or subscribe to the Website (as listed at the end of these Terms), these Terms, to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of the Province of Ontario and, where applicable, the laws of Canada. Any action to enforce these Terms shall be brought in the federal or provincial courts located in Ontario, and you agree to submit yourself to the personal jurisdiction of those courts in any such action.
We shall not be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform any service or our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties). In the event we are hindered or prevented, we shall take reasonable steps to give notice of suspension as soon as reasonably possible to subscribers and registered users stating the date and extent of the suspension and its cause. We shall resume the performance of those obligations that have been suspended as soon as reasonably possible after the removal of the cause.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent. We may assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any group company or any entity who acquires a substantial part of the assets of our business without your prior written consent. For the purposes of these Terms, "group company" shall mean FMG or any subsidiary of FMG including, without limitation, Financial Modelling Group Inc.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Any notice which is required to be given pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the Toronto address posted on the Website.
Headings in these Terms are for convenience only and will have no legal meaning or effect.