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Terms of use

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CNSX Markets Inc.

TERMS AND CONDITIONS OF USE

1. General

Access to the information and documents (collectively the "information") contained on this website (the "Site") constitutes your acceptance of the following provisions. By accessing this Site, you warrant that you have the legal authority to enter into this agreement and to assume, and do assume, any risks related to your use of this Site and its content and that you understand these terms and conditions and the risks relating to their use. If you do not agree with these terms and conditions or are dissatisfied with the Site or its contents, your only remedy is to stop using it.

This Site contains a variety of information concerning CNSX Markets Inc. ("CNSX"), companies quoted on the CNSX trading system (“CNSX Issuers”) and CNSX’s respective services. All information is provided for informational and educational purposes only. All information is provided "as is" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES OR CONDITIONS ARE HEREBY DISCLAIMED. CNSX AND ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS.

CNSX will revise the content, display or functionality of this Site as it deems necessary, and consequently information may be changed, removed or updated without prior notice. Disruptions to this Site may occur as a consequence of the need to revise its content, display or functionality, or for other related and/or unrelated reasons. Although it is CNSX's goal to minimize disruptions to this service, it does not guarantee that this Site will be available at all times. These Terms and Conditions of Use may also be changed, removed or updated for any reason without prior notice.

You should visit this page frequently to ensure that you are aware of the current terms and conditions. CNSX assumes no liability or responsibility to a user or any third party for the use of this Site or the consequences of any errors and/or omissions therein, and/or disruptions thereof. CNSX also reserves the right to terminate this Site without prior notice.

If this Site contains electronic copies of documents, the official copies of these documents for legal or other purposes are the electronic copies posted on this Site or as otherwise indicated. In the event of any inconsistency between the (1) terms and conditions of this Site; and (2) the specific terms, conditions and restrictions governing any particular service or access provided by CNSX through this Site, as set out in the particular agreement for such service or access and/or, for services provided to CNSX Issuers, as set out in the CNSX Requirements as defined in Policy 1 of the CNSX Policies; the terms of the latter, being (2), shall prevail.

Certain areas of this Site may be accessed only by use of a user identification and/or password. If a user has access to any of these areas, the user is responsible to ensure that its user identification and/or password are not disclosed to any other person. If the user discloses its user identification and/or password to any other person or becomes aware of any unauthorized access, the user is responsible for advising CNSX immediately by contacting Customer Service. The user is responsible for and hereby releases CNSX from and indemnifies CNSX against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of the user's identification and/or password by the person to whom the user disclosed them or by any other person.

CNSX does not warrant, guarantee or make any representations regarding the quality, accuracy, adequacy, timeliness, completeness or fitness for a particular purpose of any information on this Site, and as such assumes no liability for any loss resulting from its use. Information published on this Site should not be regarded or relied upon as the provision of financial, legal, tax, investment or other advice or as a substitute for such advice or as a recommendation by CNSX regarding any type(s) of securities, investing in a particular type of securities or in securities generally. Users should apply or seek professional judgement in making use of such information, including without limitation, the use, timeliness or accuracy of any information as the basis for any conclusions.

Neither CNSX nor any of its officers, directors, employees or agents has passed on the merit of any of the securities referred to on this Site or any linked site, endorsed or sponsored any of these securities or makes any recommendation regarding any of the securities or companies mentioned on the Site nor their suitability for any individual. Users of this site should seek professional advice regarding the evaluation of any security, including whether the investment is suitable given the user’s risk tolerance, and for any other content of the site.

Market data contained on this site is provided on a time-delayed basis for historical and informational purposes only and are not intended for trading purposes. “Market data” includes but is not limited to stock price information, market depth information, trading statistics and price change information. All times indicated are local Toronto time. Although this data is obtained from a source believed to be accurate, no representation or warranty of any kind is made with respect to accuracy or timeliness of any kind. In particular, you acknowledge that the market data is not suitable for making any trading or investment decision or any business or financial purpose.

Documents posted by or on behalf of CNSX Issuers are not reviewed by CNSX prior to posting, and the CNSX Issuer is completely and solely responsible for the content of such documents. CNSX makes no representations or warranties, express or implied, whatsoever concerning the quality, accuracy, adequacy, timeliness or fitness for a particular purpose of any information posted on behalf of a CNSX Issuer.

For non-commercial, personal or educational purposes, users may print individual copies of the documents or may store copies of the documents in their own computer memory for ease of access, provided they are not modified. Notwithstanding the above, nothing contained in these terms and conditions shall be construed as conferring any right under any copyright of CNSX or any other person who holds copyright in content provided on this Site.

Users may not resell, retransmit, repackage, disseminate or otherwise republish any of the information or create derivative works of the contents accessed from this Site in any form, including paper, CD-ROM, or another Internet Web site or other electronic network, nor may a user include any document or content with or within any other product, document, Web site or information that the user holds, creates or distributes without the prior written consent of CNSX.

Unless a user has an agreement in effect with CNSX which states otherwise, users may provide a hypertext link to this Site on another Web site provided that:

  1. the link must be a text-only link clearly and solely marked "CNSX Home Page" and must open to a separate browser window without any other logos, links or advertising;
  2. the link must "point" to the URL http://www.cnsx.ca and not to other pages within this Site, unless the user is a CNSX Issuer, in which case the user may also link directly to the CNSX Issuer’s page in the disclosure hall;
  3. the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with CNSX' name and trade marks or in a context that would alter its meaning or create the false appearance that an entity is associated with or sponsored by CNSX;
  4. the link, when activated, must display this Site full-screen and not within a "frame" on the linked Web site;
  5. no CNSX trade marks, logos or other content from this Site can be used on the other Web site; and
  6. CNSX reserves the right to revoke its consent to the link at any time in its sole discretion, in which case the user agrees to immediately remove from its Web site any names, marks, hyperlinks or other mention of CNSX or its services.

Nothing aforementioned creates a partnership, joint venture, agency or other relationship between a user and CNSX.

CNSX makes no representations or warranties about any other Web site which the user may access through this one. Linked sites are provided only as a convenience and when another Web site is accessed, unless otherwise noted, it is independent from CNSX and CNSX has no control or supervision over the content on that other Web site. In addition, a link to such a Web site does not mean that CNSX recommends, warrants, monitors, endorses or accepts any responsibility for the linked site, or its content, or goods or services offered on that linked site. Access to and use of any linked sites is entirely at the user's own risk and may result in exposure to unacceptable personal information privacy practices, the presentation of offensive material, inaccurate information, or viruses, worms, Trojan horses and other items of a destructive nature.

In no event will CNSX be liable to any user or any other party or for any direct, indirect, special, consequential or punitive damages or any other damages for any use of this Site, or on any other linked Web site, including without limitation, any lost profits, lost opportunities, business interruption, loss of programs or other data on the user's information handling system or otherwise, even if CNSX is expressly advised of the possibility of such damages. All agreements and understandings regarding this subject matter are governed by the laws in force in the province of Ontario and the laws of Canada applicable therein without regard to conflict of laws provisions.

2. Privacy Statement

When you visit this Site, when you move from page to page, read pages, conduct searches, submit information or communications, or download content onto your computer, the Site does not record or collect any personal information.

Non-persistent cookies may be used only to facilitate functionality during a single Site visit. Cookies do not contain personal information and are not permanently stored for future use.

CNSX uses this information to find out how many and what type of visitors visit this Site and which sections of the Site are visited the most frequently. This helps CNSX to know what information is most useful and to identify possible improvements to the Site to make it easier for different types of visitors to access the information they require. CNSX records statistical information in the aggregate, based on the numbers of visitors to the Site. As part of the Site operations, it may be necessary for CNSX to share aggregate statistical information or other information with its affiliates and/or suppliers on a need to know basis. By using this Site, users are deemed to have provided their permission to the collection and use of aggregate statistical information for the purposes set out herein.

WebTrends Live is used to analyze traffic to this Web site. WebTrends Live does not maintain individual profiles for visitors, nor does WebTrends Live collect data that might identify the individual visitor. WebTrends Live only collects aggregate data. Click here for more information about the WebTrends Live privacy policy

CNSX only collects information about identifiable individuals that is provided to us when the individual voluntarily provides the individual’s name, address and any additional details the user chooses to provide electronically in any applications, e-mails or use of the Contact CNSX portions of this Site. Users do not have to give CNSX personal information to visit this Site. In addition, principals of CNSX Issuers or companies applying to become CNSX Issuers must provide specified personal information to facilitate background checks to determine the individual’s suitability to be associated with a CNSX Issuer.

CNSX has implemented safeguards and security measures in an attempt to protect this information and keep it in strictest confidence. However, data transmissions over the Internet cannot be guaranteed to be 100% secure. CNSX does not provide any representations, warranties or guarantees that personal information will be protected against loss, misuse or alteration.

CNSX retains the content of electronic submissions, applications, e-mails or other use of the Contact CNSX portions of this Site, including the e-mail address from which the transmission was sent and responses thereto in order to handle any follow-up.

Unless otherwise indicated in this privacy statement, the Legal Terms and Conditions, or on a particular web page, none of the information collected is associated with a user as an individual. By using this Site, a user is deemed to have provided the user's permission to the collection and use of information for the purposes set out herein. CNSX reserves the right to change this privacy statement at any time(s) without prior notice by posting a modified privacy statement on the Site.

3. Other Countries

This web site can be accessed from countries around the world other than Canada and may contain references to CNSX services and programs that have not been announced in other countries and to companies whose securities have not been qualified to be sold in other countries. These references do not imply that CNSX intends to announce such services or programs in any other country or that any securities will be qualified for sale in any other country. CNSX makes no representation that the content on this web site is appropriate or available for use in other locations, and accessing this web site from territories where its content is illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.

4. Laws

This web site (excluding linked sites) is controlled by CNSX in the Province of Ontario, Canada. By accessing this web site, you and CNSX agree that all matters relating to your access to, or use of, this web site shall be governed by the law of Ontario and the federal laws of Canada applicable therein, without regard to the conflicts of laws principles thereof. You and CNSX 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.

5. Copyright Notice

Copyright © CNSX Markets Inc., 2003-12. All rights reserved.
CNSX Markets Inc.
220 Bay Street, 9th Floor Toronto, Canada M5J 2W4 Telephone: 416.572.2000

6. Trade-marks and Other Intellectual Property

CNSX is a registered trademark of CNSX Markets Inc. Other trademarks and trade names appearing on this site are used with the permission of their respective owners.
All content and graphical and other images displayed on this Site are the property of CNSX unless otherwise specifically noted.

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