FERAL ANALYSIS LTD.

Subscriber Agreement and Terms and Conditions of Use

 

1.Read This: This Terms and Conditions of Use Agreement (“Agreement” or “Terms of Use”) is made by and between FERAL ANALYSIS LTD., hereinafter ("Company"), a corporation, located at Maple Ridge, British Columbia, Canada, and you, the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of the Company’s services and its content (the "Content").

 

2.Access to Company Content. To access the Company Content, its resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Content that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to its Content, or to any of its resources, and to terminate or suspend your access at any time.

 

3.Applicable Use of Content. You may use the Content only for purposes expressly permitted by this Agreement. As a condition of your use of Company's Content, you warrant to Company that you will not use the Content for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

 

4.No Investment of Financial Advice. The Content provided by the Company is informational in nature only and is not to be construed as investment advice or financial advice. The Company does not offer financial services or investment services, and it is not registered as such. The Content does not recommend any particular investment or stock, but merely provides analytical information in relation to various stocks and investments. All investments are potentially risky and you should not invest any amount of money greater than you can afford to lose. In evaluating the merits and risks of an investment in securities the User should rely solely upon the advice of their legal, tax and investment advisors and not on any statements contained in the Content.

 

5.No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame any Company Content without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Content. For purposes of these Terms of Use, "framing" refers to displaying any Company Content within a bordered area of another website, regardless of whether the address of the originating Company website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company

 

6.No Unlawful Access. You agree that you will not use Company's Content in any manner that could in any way disable, overburden, damage, or impair the Content or otherwise interfere with any other party's use and enjoyment of the Content. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Content.

 

7.Personal and Non-Commercial Use Limitation. Company's Content is for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Company Content for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company's Content, in whole or in part.

 

8.Proprietary Information. All content provided to you by the Company (the "Content") is considered copyrighted and proprietary intellectual property of Company. No rights or title to any of the Content shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

 

9.Disclosure of Content You may share the Content you receive with your own personal advisors. However, neither you nor your personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Content, in whole or in part, unless required by law. You will be responsible for any breach by any of your personal advisors of any obligation in these Terms & Conditions.

 

10.Right to Terminate Access. Company reserves the right to monitor your use of the Content to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Content at any time without notice for any reason whatsoever.

 

11.Disclosure Under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

 

12.Personally Identifiable Information. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at [link to Privacy Policy], as well as in conformance with all applicable laws, rules, and regulations.

 

13.Disclaimer & Limitations on Liability. You understand that Company cannot and does not guarantee, represent or warrant that files available for downloading from the Company Content will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Content.

 

Company further disclaims any responsibility to ensure that the Content is necessarily complete and up-to-date.

 

YOUR USE OF THE COMPANY CONTENT IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

 

THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

 

THE PRICES CHARGED BY THE COMPANY ARE BASED UPON THE COMPANY'S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE CONTENT WILL BE BORNE SOLELY BY THE USER, AND NOT THE COMPANY. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY COMPANY'S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION WITHIN THE CONTENT PROVIDED BY THE COMPANY.

 

14.Indemnity. YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

 

15.No Representations or Warranties. Any opinions, advice, statements or other comments should not necessarily be relied upon as financial or investment advice, and is not to be construed as professional advice from the Company or its agents. The Company does not guarantee the accuracy or completeness of any of the information provided in its Content, and is not responsible for any loss resulting from your reliance on such information. The Content provided is merely informational and analytical in nature and is not intended to be a recommendation of any particular investment or stock.

 

16.Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing in the Content are the exclusive of property of Company.

 

17.Certification. You certify that you are at least 18 years of age and that your answers to the registration materials will be truthful.

 

18.Disputes. If there is any dispute about or involving these Terms of Use, the Content you agree that any dispute shall be governed by the laws of British Columbia and Canada, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the City of Vancouver, British Columbia, Canada in connection with any dispute between you and Company arising out of or involving this Agreement, the Content and/or any Communications Services.

 

19.Miscellaneous.

(a)If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

(b)These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company's Content. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Company website or any of its Services. Company may revise these Terms of Use at any time. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Content after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

 

(c)The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.

 

(d)The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOU IN RELATION TO THE COMPANY CONTENT, AND RESULTING FROM ANY ACTION DURING OR AS A RESULT OF THE COMPANY’S INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

If you accept the above terms and conditions, please email the sender with the statement:

“ I accept the terms and conditions of use of the Company Content”