AllPennyStocks.com - Important Disclaimers and Legal Information
1. General Notice and Disclaimer
This notice and disclaimer applies to the AllPennyStocks.com Network of Sites operated by AllPennyStocks.com Media, Inc., a company continued under the laws of Ontario, Canada and its subsidiaries, affiliates, assigns, successors and related entities ("AllPennyStocks.com").
The AllPennyStocks.com Network of Sites is an on-line newspaper focusing on financial information. AllPennyStocks.com does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the AllPennyStocks.com Network of Sites (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. In particular, none of the Materials is provided on the AllPennyStocks.com Network of Sites with a view to inviting, inducing or encouraging any person to make any kind of investment decision. Securities or other investments referred to in the Materials may not be suitable for you and you should not make any kind of investment decision in relation to them without first obtaining independent investment advice from a person authorized to give it.
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In addition to the areas covered in the AllPennyStocks.com "Disclaimer" and all parts therein, portions of the data provided on the AllPennyStocks.com Network of Sites and subscription services is provided by and subject to the Conditions of Use as set out by QuoteMedia and available to view online at .
3. DISCLAIMERS
In addition to any other disclaimers found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law that:
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- THE CORRECTION OF ANY ERRORS IN ANY OF THE ALLPENNYSTOCKS.COM NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES;
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4. LIMITATION ON LIABILITY
In addition to any other limitation of liability found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law:
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- IN NO EVENT SHALL ALLPENNYSTOCKS.COM, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS' BE LIABLE (JOINTLY OR SEVERALLY) TO YOU AND/OR ANY THIRD PARTY FOR ANY USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THE MALFUNCTION OF YOUR ELECTRONIC OR MECHANICAL EQUIPMENT, PERSONAL COMPUTER AND ANY LINES THERETO, THEFT, OPERATOR ERRORS, OR DUE TO ANY "FORCE MAJEURE" (E.G., SEVERE WEATHER, EARTHQUAKES, FLOOD, FIRE OR OTHER ACTS OF GOD), STRIKES OR OTHER LABOUR PROBLEMS, OR TO ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF ALLPENNYSTOCKS.COM OR ANY THIRD PARTY; AND/OR
PLEASE NOTE: CERTAIN LAWS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATION AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY. IF SUCH LAWS APPLY TO YOU, THEN PORTIONS OR ALL OF THE ABOVE DISLAIMERS AND LIMITATION OF DAMAGES AND LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
5. INDEMNITY
You hereby agree to indemnify, defend and hold AllPennyStocks.com, its Representatives, its licensors, its information providers and/or its distribution partners and their respective officers, directors, employees, contractors, consultants, agents and the like harmless from and against all liability, claims, damages, expenses and costs, including, without limitation, reasonable legal fees, arising out of or in connection with:
- your access and/or use of any of the AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services; and/or
- your access and/or use of any of the AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services; and/or
6. TERMINATION OR SUSPENSION
AllPennyStocks.com may terminate or suspend your membership, terminate the Agreement, delete Your Information, including without limitation any of your User Content, in whole or in part, and/or limit, restrict and/or prohibit you from accessing and using any of the AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services, for any reason, at any time, at its sole discretion, with or without notice. The sections of this Agreement titled "Disclaimers", "Limitation of Liability", "Indemnity", "Submissions", "AllPennyStocks.com, Its Licensors' and Information Providers' Intellectual Property Rights", "Ownership of User Content and License Granted to AllPennyStocks.com", "Governing Law and Forum", "Entire Agreement", "Severability" and "Enforcement Rights of Licensors and Information Providers", together with any terms necessary for their interpretation and enforcement, shall survive any termination of the Agreement.
7. ENTIRE AGREEMENT AND WAIVER
The Agreement constitutes the entire agreement between AllPennyStocks.com and you regarding your access to and use of any of the AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services, and/or Products and supersedes any prior agreements between AllPennyStocks.com and you regarding the same. AllPennyStocks.com's failure to exercise or enforce any of its rights under the Agreement shall not constitute a waiver of such rights in that or any other instance. AllPennyStocks.com reserves the right to modify the terms and conditions of the Agreement, at any time and without prior notice, as set forth herein.
8. SEVERABILITY
To the extent that any term of the Agreement is determined by a competent authority to be invalid, illegal or otherwise unenforceable, then that term will be limited to the extent necessary to render the Agreement valid and enforceable if possible. The remaining terms will be enforced to give effect to the intention of the parties insofar as possible.
9. ASSIGNMENT
You may not assign, in whole or in part, any of your rights or obligations under the Agreement, without the prior written consent of a duly authorized representative of AllPennyStocks.com and other than as set forth in the Agreement, there shall be no third party beneficiaries.
10. GOVERNING LAW AND FORUM
The Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to:
submit themselves to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada; and
irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
INTERPRETATION
The language in all parts of the Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Agreement. Each of the terms "including", "include" and "includes", when used in the Agreement, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto. The division of the Agreement into sections, paragraphs and the like and the insertion of headings, are for convenience of reference only and will not affect the construction or interpretation of the Agreement. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action by or on behalf of you arising out of or related to use of any of the AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services, or related to the Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
FURTHER ASSURANCES
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as AllPennyStocks.com may reasonably require from time to time for the purpose of giving effect to the Agreement, including without limitation regularly reviewing the Agreement and updating your registration information.
ENFORCEMENT RIGHTS OF LICENSORS AND INFORMATION PROVIDERS
The rights and limitations contained in the Agreement which apply to AllPennyStocks.com's licensors, information providers and/or distribution partners are for the benefit of such licensors, information providers and/or distribution partners, each of which shall have the right to enforce its rights hereunder both directly and on its own behalf.
LANGUAGE
The parties declare that they have required that the Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'ils exigent que cette Agreement et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
ALLPENNYSTOCKS.COM
The AllPennyStocks.com Network of Sites, including without limitation any Site Content, Applications and/or Services, are provided by: AllPennyStocks.com
Please direct any questions or concerns regarding the Agreement to webmaster@AllPennyStocks.com
I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.
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