TERMS AND CONDITION

This document was last modified on August 13, 2016.

ACCEPTANCE OF TERMS

ETFHeatMap.com (‘Website’) is owned and operated by ETFHeatMap Inc. (‘EFM’). All references to ETFHeatMap.com include ETFHeatMap Inc., its entities, affiliates, websites and subsidiaries. ETFHeatMap.com provides the services offered on the Website subject to the Service Terms (‘ST’) contained herein. The ST may be updated from time to time as required without notice to you; and you can review the latest version of the Website’s ST by visiting this page.

By using the Website and the services we provide, you consent and agree to be bound by these ST and all disclaimers, instructions and terms and conditions that appear here or anywhere in connection with the Website. If at any time you become dissatisfied with the ST, you agree that your sole and exclusive remedy is to discontinue using the Website and Services (as defined below). The laws of Ontario will govern the ST without giving effect to any principles of conflicts of laws.

SERVICES OFFERED BY ETFHeatMap.com

ETFHeatMap.com provides our users with services including maps, newsletters, downloads, articles, communication tools, media galleries, analysis, and commentary (each a ‘Service’ and collectively, ‘Services’).

You hereby recognise that the Service may include advertisements from third parties who are not related to ETFHeatMap.com or ETFHeatMap Inc. You further understand and acknowledge that in providing the Services, ETFHeatMap.com may, at its sole discretion, communicate via email, newsletters, service announcements and other modes of communication, as necessary.

From time to time, any new Service when added shall be subject to this ST agreement. As described in this document, all Services are provided to you on an “as-is” basis and ETFHeatMap.com assumes no responsibility for your use of the Services and Content. By using the Services, you acknowledge that you are responsible for obtaining access to the Website and Services, including any third-party fees (i.e. equipment hardware costs, Internet service provider or mobile airtime fees).

PRIVACY POLICY

User Information, including the information provided when you use the Website and Services is subject to our Privacy Policy.

You understand that through your use of the Website and Services you consent to the collection and use (as set forth in the Privacy Policy) of this personal information by ETFHeatMap.com and ETFHeatMap Inc.

ADVERTISEMENTS

ETFHeatMap.com does not accept financial incentives as payment for favorable reviews, press releases, news or commentary. From time to time, ETFHeatMap.com may display advertisements. The opinions of advertisers do not reflect the opinions of EFM. Furthermore, from time to time, this Website may provide news, commentary, or analysis that includes the products of advertisers on the Website as well. These news, commentary, and/or analysis items should not be interpreted as endorsing the products or services of advertisers.

Companies advertising on this Website may not be affiliated in any manner with EFM. As such, EFM does not in any way endorse the products or services of any advertisers on this Website. EFM receives no fees other than advertising revenue from advertisers. EFM receives no compensation or commissions from advertisers based on the sale of securities.

EFM and/or ETFHeatMap.com is in no way responsible for any losses a user incurs as a result of any investments made in any products of an advertiser or any investment advice taken from an advertiser.

All information obtained via advertisements contained on this Website should be confirmed from an independent source or the advertiser’s own website. Users should contact advertisers directly with specific questions about that entity’s funds, services, or products.

PREMIUM SUBSCRIPTIONS

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE. We note that:

  • Monthly Subscribers: If You are a monthly subscriber, You will not receive a refund or reimbursement of Your monthly subscription fee. If You cancel Your monthly subscription, You will not be charged any future monthly subscription fees.
  • If Your subscription term is longer than a month and You wish to cancel Your initial subscription within thirty (30) days of the commencement of Your initial subscription, You must notify our Customer Service Department by emailing us at clients@ETFHeatMap.com . You may not cancel a subscription by any other means (such as by sending a request via another email address, postal mail or by calling any other phone number). If Your subscription term is longer than a month and You cancel Your initial subscription in accordance with the foregoing procedure, Your account will be credited within 7-14 business days following your email.

Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription by  emailing at clients@ETFHeatMap.com . You may not notify us of a decision not to renew Your subscription by any other means.

If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed).

In connection with recurring billing for subscription renewals, You authorize EFM to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys’ and collection agency fees.

INVESTMENT ADVICE

Content (news, blogs, expert commentary, free analysis, newsletters etc.) published on this Website does not constitute a recommendation that any security, portfolio of securities, transaction or investment strategy is suitable for any specific person.

None of the authors, bloggers, information providers or their affiliates are advising 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 content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors.

Data shown on this Website is supplied by sources believed to be reliable. Calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

The information contained in the Website is for discussion and informational purposes only. In no way should any information presented on the Webite be considered investment advice. EFM, its partners, and employees do not represent or warrant the accuracy of any information contained on this Website.

All contents of this Website and associated newsletters are provided for information and educational purposes only. The Website is not intended to provide tax, legal, insurance or investment advice, and nothing on the Website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by ETFHeatMap.com or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

REGISTRATION

As a user, you do not need to be a registered user to access the Website. However, to utilize some of the Services offered on the Website, ETFHeatMap.com may require you to register and create an account (“User Account”). If you are requested by ETFHeatMap.com to provide information in connection with a registration process and creating a User Account or in the use of any Services, your use of the Services shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service’s interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.

You may provide certain Content (as defined below) and other information to be posted within areas of the Website (collectively “User Information”).

USE OF THE WEBSITE AND SERVICES

The Website and Services are intended for your personal, noncommercial use in accordance with these ST. By using the site, you agree that you will not copy, display or distribute any part of the Website, including Content provided by third parties, in any medium, without ETFHeatMap.com ’s prior written consent. You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Website or to exceed the access granted to you by ETFHeatMap.com . Illegal and/or unauthorized use of the Website and Services is a violation of this Agreement. ETFHeatMap.com reserves the right to take legal action for any such violation to the full extent permitted by law.

LICENSE TO CONTENT SUBMITTED BY USERS

ETFHeatMap.com does not claim ownership of the Content uploaded, posted, transmitted or otherwise made available by you via the Services. By submitting Content via the Services and until such Content is removed, you grant ETFHeatMap.com an irrevocable, perpetual, transferable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display and make derivative works from such Content.

MEMBER CONDUCT

As a user, you acknowledge that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Other than Content created by ETFHeatMap.com (“Website Content”), ETFHeatMap.com does not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of such Content.

You agree that you will not use the Services to:

  • cause harm minors in any way whatsoever;
  • upload, post, email, transmit or otherwise make available any Content that could infringe upon any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use such Content;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic or contains nudity, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, excessively violent, abusive, fraudulent or otherwise objectionable
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or
  • register on behalf of another person or use another’s account or post private information about third parties; and/or
  • solicit personal information from others such as passwords or other Site account information.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ETFHeatMap.com , its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these ST; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This defense and indemnification obligation will survive these ST and your use of the Services.

TERMINATION

ETFHeatMap.com reserves the right to terminate your access to and/or use of the Services and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these ST. ETFHeatMap.com also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by ETFHeatMap.com in providing the Services may be effected without notice to you and that ETFHeatMap.com shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that ETFHeatMap.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that, to the maximum extent permitted by applicable law :

(a)  the website, services and other materials are provided by ETFHeatMap.com on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ETFHeatMap.com makes no warranty that

  •   the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
  •  the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable;
  •   the quality of the website, services or other materials will meet your expectations; or that
  •   any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from ETFHeatMap.com or through or from use of the services shall create any warranty not expressly stated in these terms.

(b)  ETFHeatMap.com will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ETFHeatMap.com also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

(c)  ETFHeatMap.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge.

ETFHeatMap.com has endeavoured to ensure that all the information on the website is correct, but ETFHeatMap.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. ETFHeatMap.com shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, ETFHeatMap.com shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond ETFHeatMap.com’s control. You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. ETFHeatMap.com accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ETFHeatMap.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ETFHeatMap.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

INTELLECTUAL PROPERTY & TRADEMARKS

You hereby acknowledge that except for Content submitted by users of the Site and Services and other third parties, ETFHeatMap.com is the sole owner of all text, messages, information, software, scripts, images, graphics, audio, video, interactive features, and the like contained on the Site (“ETFHeatMap.com Content”). ETFHeatMap.com owns all proprietary rights, including but not limited to trademarks and copyrights in the ETFHeatMap.com Content and its selection, organization, and arrangement. ETFHeatMap.com Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited. If you download or print any ETFHeatMap.com Content for personal use, you shall retain all copyright and other proprietary notices contained therein.

The ETFHeatMap.com logos, trademarks and service marks and other ETFHeatMap.com logos, product names and service names (“ETFHeatMap.com Marks”) are trademarks of Edu Finance Media Inc.. You agree that you will not display or use the ETFHeatMap.com Marks in any manner whatsoever without our prior consent.

VIOLATIONS OF TERMS OF SERVICE

Please report violations of this ST by contacting us. Where a Service provides you with the ability to flag Content as inappropriate, you may notify us of violations of these ST by utilizing such functionality.

MEMBER DISPUTES

If you have a dispute with one or more users of the Website and Services, you hereby release ETFHeatMap.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MISCELLANEOUS

Entire Agreement / Amendments – This Agreement constitutes the entire understanding between the parties with respect to the subject of the Agreement. Notwithstanding the foregoing, these ST may be modified from time to time by ETFHeatMap.com without notice to you. You can review the most up-to-date version of the Website’s ST by visiting this page.

Waiver and Severability – The failure of ETFHeatMap.com to exercise or enforce any right or provision of the ST shall not constitute a waiver of such right or provision. If any provision of the ST is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ST remain in full force and effect.

Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Service or the ST must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Force Majeure – ETFHeatMap.com shall not be liable for delay, termination or diminution in the Website or Service if the same is caused by conditions beyond a ETFHeatMap.com reasonable control, including but not limited to, governmental action, terrorist act, riot, insurrection, fire, flood, accident, earthquake, electrical outage, telecommunications line failure, Internet outages, computer viruses, denial-of-service attacks, network failure, explosion, embargo, strike, labor or material shortage, transportation interruption, work slowdown or an act of God.

Governing Law – This Agreement shall be construed and interpreted under the substantive laws of Ontario, without regard to the choice of law provisions of any jurisdiction. This Agreement shall be enforced in the courts of Ontario.

The Website is directed solely to individuals residing in jurisdictions in which provision of the Website’s content is legal. We make no representation that materials provided on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

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