Terms of Use
BE SURE TO READ THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS OF
USE"), AS THEY APPLY TO YOUR USE OF THIS WEBSITE (THE
"WEBSITE") AND CONTROL ALL ASPECTS OF YOUR ACCESS TO AND USE OF
THE WEBSITE.
If you do not accept these Terms of Use in full, your use of this Website
must be terminated immediately.
Information
The Website presents information, data, content, news, reports, programs,
video, audio and other materials and services including an e-mail alert service,
communications, transmissions and other items, tangible or intangible
(collectively, the "Information").
1. Change of Terms
Homburg Invest Inc. ("us", "we",
"our") may change these Terms of Use from time to time in our
sole discretion without notice or liability to you. By continuing to use the
Website following such modifications to the Terms of Use, you agree to be bound
by such modifications.
2. Changes to Website
We may, at our absolute discretion and at any time, without prior notice to
you, add to, amend or remove material from the Website, or alter the
presentation, substance, or functionality of the Website.
3. User Conduct on the Website
As a condition of your use of the Website, you may not:
a. trespass, break into, access, use or attempt to trespass, break into,
access or use any other parts of our servers, and/or any data areas for which
you have not been authorised by us.
b. restrict or inhibit any other user from using and enjoying the Website;
c. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive, or otherwise
objectionable or unreasonable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability, or otherwise
violate any local, state, national or foreign law; or
d. post or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited commercial
communication, or engage in spamming or flooding; or
e. post or transmit any information or software which contains a virus,
trojan horse, worm or other harmful component; or
f. post, publish, transmit, reproduce, distribute or in any way exploit any
Information obtained through the Website for commercial purposes; or
g. upload, post, publish, transmit, reproduce, or distribute in any way, any
component of the Website itself or any Information obtained through the Website
which is protected by copyright, or other proprietary right, or create
derivative works with respect thereto, without our prior written permission.
You have no rights in or to the Information and you will not use the
Information, except as permitted under these Terms of Use.
4. Third Party Information
The Information may contain information provided by third parties or sourced
by us from news agencies, business information sources, press releases or other
references or sources.
We are not responsible if any such Information is not up-to-date. We do not
separately verify the Information provided by such third party or agency and you
are cautioned thus as to the reliability and accuracy of the Information. We do
not accept any responsibility whatsoever in respect of any such Information. Any
use of and reliance on such Information is at your own risk.
5. Prohibition of Access
We reserve the right at all times to prohibit or deny your access to the
Website or any part thereof immediately and without notice, where we are of the
opinion that you have breached any of the terms contained in these Terms of Use
or that such prohibition or denial is appropriate, desirable or necessary in our
sole opinion.
6. Links to and from the Website
The links on the Website may take you to other sites and you acknowledge and
agree that we have no responsibility for the accuracy or availability of any
Information provided by linked websites.
Links to other websites do not constitute an endorsement by us of such
websites or the Information, products, advertising or other materials available
on those websites.
7. Intellectual Property Rights
All intellectual property rights subsisting in respect of the Website belong
to us or have been lawfully licensed to us for use on the Website. All rights
under applicable laws are hereby reserved. Except with our express permission,
you are not allowed to upload, post, publish, reproduce, transmit or distribute
in any way any component of the Website itself or create derivative works with
respect thereto, as the Website is protected by copyright under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any
ideas, concepts, knowhow, proposals, suggestions, comments and other
communications and information provided by you to us
("Feedback") in connection with the Website without any payment
to you. You hereby waive and agree to waive all and any rights and claims for
any consideration, fees, royalties, charges and/or other payments in relation to
our use, disclosure, adoption and/or modification of any or all of your
Feedback.
8. Limited Liability and Warranty
All Information is for your general reference only. We do not accept any
responsibility whatsoever in respect of such Information.
YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS
PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE IS FOR YOUR PERSONAL USE ONLY
AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE OR THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN
PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH THE WEBSITE OR THE TIMELINESS
OF SERVICES OFFERED OR PROVIDED ON THE WEBISTE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE
WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS
WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY,
OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT
ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH
US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN
YOU AND ANY THIRD PARTY.
We do not guarantee or assume any responsibility that :
(a) the Information on the Website is accurate, adequate, current or
reliable, or may be used for any purpose other than for general reference;
(b) the Information on the Website is free of any defect, error, omission,
virus or anything which may change, erase, add to or damage your software, data
or equipment;
(c) messages sent through the internet will be free from interception,
corruption or loss;
(d) access to the Website will be available or be uninterrupted; or
(e) defects in the Website will be corrected.
In no event shall we be liable to you or any other person for any direct,
indirect, incidental, special, punitive or consequential damages, including any
loss of business or profit, arising out of any use, or inability to use, the
Information, even if we have been advised of the possibility of such damages.
You will exercise and rely solely on your own skill and judgment in your use
and interpretation of the Information. You are responsible to ensure that your
use of the Information complies with all applicable legal requirements.
The limitation of liability contained in these Terms of Use will apply to the
fullest extent permitted by applicable laws.
9. Indemnity
You agree to defend, indemnify and hold us, our employees, agents, officers,
directors, agents, contractors, suppliers and other representatives harmless
from and against all liabilities, damages, claims, actions, costs and expenses
(including legal fees), in connection with or arising from your breach of these
Terms of Use and/or your use of the Website. We may, if necessary, participate
in the defence of any claim or action and any negotiations for settlement. No
settlement which may adversely affect our rights or obligations shall be made
without our prior written approval. We reserve the right, at our own expense and
on notice to you, to assume exclusive defence and control of any claim or
action.
10. Partial Invalidity
The illegality, invalidity or unenforceability of any provision of these
Terms of Use under the law of any jurisdiction shall not affect its legality,
validity or enforceability under the laws of any other jurisdiction nor the
legality, validity or enforceability of any other provision.
11. Miscellaneous
No waiver of any breach under these Terms of Use will amount to a waiver of
any other breach. The headings in these Terms of Use are for convenience only
and do not affect interpretation.
13. Governing Law and Jurisdiction
These Terms of Use shall be governed by the law of the Canada. You agree to
submit to the non-exclusive jurisdiction of the Canadian Courts.