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ArbitrageInsider.com
Terms and Conditions of Use.
THE ArbitrageInsider.COM COMPUTER BASED
TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES.
BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND
AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO
REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS
TO THE AGREEMENT, WHICH MODIFICATIONS ArbitrageInsider.COM MAY MAKE
FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE
OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED
AGREEMENT.
1. Our Contact Information.
Address
Informus Publishing
574 rue Diane, Longueuil, QC, J4J-2C5
2. Definitions.
* "ArbitrageInsider.com," "Website,"
or "Site" refers to the website maintained on the World
Wide Web by ArbitrageInsider.com. available at http://www.ArbitrageInsider.com
* "Computer Based Training" or "CBT" means the
subscription-based database of audiovisual works that is available
through ArbitrageInsider.com and is part of ArbitrageInsider.com.
* "User" refers to any party who accesses the Site including
the CBT.
* "Subscriber" refers to any party who accesses the Computer
Based Training.
* "Access" means accessing, viewing the content or otherwise
obtaining information located at the Computer Based Training.
* "Agreement" refers to these terms and conditions of
use and any subsequent modification.
3. Acceptance of Terms.
Please carefully read the following Terms of Use
and Disclaimers before accessing and using ArbitrageInsider.com and
the CBT. By Accessing the Computer Based Training via the World
Wide Web or any other medium, User accepts and agrees to all conditions
imposed in this Agreement.
ArbitrageInsider.com. reserves the right to modify
these terms of use at any time without notice to User. Any change
in these terms of use is effective immediately upon User's receipt
of notice from ArbitrageInsider.com. Notice can be given through e-mail,
posting on the Site or any other means by which User may obtain
notice. Users agrees to periodically check these terms of use for
changes. Any use of the Site after changes have been made shall
be deemed acceptance of those changed terms of use.
User is solely responsible for providing the equipment
related to Accessing the Site, including all computer, remote communications
equipment, telephone or other equipment.
4. Authorized Use.
ArbitrageInsider.com. hereby grants to You a non-exclusive
license to use and Access the content and information available
at the CBT according to the provisions contained herein and subject
to the payment of the applicable subscription fees and adherence
to the terms of the this Agreement.
5. Fees.
The rights granted under this Agreement are effective
only upon payment of the subscription fees, which are strictly non-refundable
other than as expressly provided herein. The term "monthly
subscription" is defined as any 30 day period. Subscriber's
subscription to the service will be automatically renewed upon expiration
of the initial term, unless the membership is cancelled. Monthly
membership renews at the monthly rate if the subscriber has not
cancelled 24 hours prior to expiration.
6. Access to the CBT.
ArbitrageInsider.com. strives to provide the CBT to
its Subscribers on a continuous basis. To that end, ArbitrageInsider.com.
will take all commercially reasonable efforts to provide uninterrupted
Access to the CBT to its Subscribers. However, from time to time,
Subscribers may be unable to Access the CBT due to conditions beyond
ArbitrageInsider.com.'s control. Such conditions include, but are not
limited to: Force Majeure or Acts of God, power outages, and the
acts of computer hackers and others acting outside the law. Also,
from time to time, Access may be unavailable due to software issues,
programming errors, regular maintenance of the system, and other
related reasons. In response to any unavailability of the CBT to
its Subscribers, ArbitrageInsider.com. will take all commercially reasonable
steps to ensure Access is restored within a reasonable period of
time. The term commercially reasonable shall be determined solely
by ArbitrageInsider.com.
ArbitrageInsider.com. endeavors to provide the highest
quality content to its Subscribers. To that end, ArbitrageInsider.com.
reserves the right, in its sole discretion, to change, modify, or
discontinue any aspect or feature of this Site and the CBT, including,
without limitation, the content, availability, Access and/or the
terms of this Site, in whole or in part, or to impose new conditions,
including, without limitation, a modification of fees and charges
for use at any time. Such changes, modifications, additions or deletions
will be effective immediately upon notice thereof, which notice
may include posting such changes on this Site.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either
personally or through an agent, any of the following:
1. Transmit, install, upload or otherwise transfer
any virus, advertisement, communication, or other item or process
to the Site that in any way affects the use, enjoyment or service
of the Site; adversely affects ArbitrageInsider.com.'s computers or
databases;
2. Otherwise engage in any action which ArbitrageInsider.com. determines
is detrimental to the use and enjoyment of the Site.
3. Capture, download, save, upload, otherwise retaining information
and content available on the CBT other than what it expressly allowed
by the terms of this Agreement;
4. Permit or provide others Access to the CBT using Your username
or password or otherwise.
5. Copy, modify, reverse engineer, disassemble, redistribute, republish,
alter, or adapt any of the software, information, text, graphics,
source code or HTML code, or other content available on the Site.
6. Remove or modify any copyright, trademark, legal notices, or
other proprietary notations from the content available on the Site;
7. Transfer the Site content to another person; "frame,"
"mirror," "in-line link," or employ similar
navigational technology to the Site content; "deep link"
to the Site content;
8. Violate ArbitrageInsider.com.'s security mechanisms, Access any data
or server You are not authorized to access; or otherwise breach
the security of the Site or corrupt the Site in any way;
9. Engage in any other conduct which violates the Copyright Act
or other laws of the United States.
10. Use any device or other means to harvest information about other
Users.
In order to ensure that Users of the Site do not
engage in Prohibited Conduct, ArbitrageInsider.com. reserves the right
to monitor use of the Site and reserves the right to revoke or deny
Access to the CBT to any person or entity whose use of the Site
suggests Prohibited Conduct. Access of the materials available at
the CBT beyond that of normal patterns of use that suggests systematic
copying of the materials constitutes abuse of the CBT and will result
in revocation or denial of Access to the CBT. The terms "normal
patterns" and "abuse" shall be determined solely
by ArbitrageInsider.com.
8. Warranties.
ArbitrageInsider.com. warrants that the software that
allows Users to Access the CBT ("Software"), if operated
as directed, will substantially achieve the functionality described.
ArbitrageInsider.com. does not warrant, however that Your use of the
Software will be uninterrupted or that the operation of the Software
will be error-free or secure.
ArbitrageInsider.com. also warrants that the media
containing the Software, if provided by ArbitrageInsider.com., is free
from defects in material from the date You acquired the Software.
ArbitrageInsider.com.'s sole liability for any breach of this warranty
shall be, in its sole discretion: (i) to replace Your defective
media or Software; or (ii) to advise You how to achieve substantially
the same functionality with the Software as described; or (iii)
if the above remedies are impracticable, to refund the subscription
fee You paid for the Software. Only if You inform ArbitrageInsider.com.
of Your problem with the Software within thirty (30) days of discovering
the problem will ArbitrageInsider.com. be obligated to honor this warranty.
ArbitrageInsider.com. will use commercially reasonable efforts to repair,
replace, advise, or refund pursuant to the foregoing warranty within
thirty (30) days of being so notified. If any modifications are
made to the Software by You during the warranty period; if the medium
is subjected to accident, abuse, or improper use; or if You violate
the terms of this Agreement, then this warranty shall immediately
terminate. This warranty shall not apply if the Software is used
on or in conjunction with hardware or software other than the unmodified
version of hardware and software with which the Software was designed
to be used as described.
Although ArbitrageInsider.com. has attempted to provide
accurate information on the Site, it makes no guarantee or warranty,
express or implied, as to the reliability, accuracy, timeliness
or completeness of that information and assumes no responsibility
for any errors or omissions therein.
9. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK.
THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ArbitrageInsider.COM
OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT
PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN
DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT ArbitrageInsider.COM.
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ArbitrageInsider.COM.
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ArbitrageInsider.COM.
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ArbitrageInsider.COM.
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED
BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE
NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS
APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR
OMISSION OF ArbitrageInsider.COM., COMPUTER VIRUS OR OTHER SIMILAR ITEM,
TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER
INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ArbitrageInsider.COM.
IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS
OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF ArbitrageInsider.COM
IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS
TO THIS LIMITED WARRANTY.
10. Third Party Content.
You acknowledge that ArbitrageInsider.com. does not
pre-screen third party materials. ArbitrageInsider.com. is not the publisher
or speaker of any information on the Site that is provided by third
party content providers, and ArbitrageInsider.com. is not liable for
any claims related to such information. Content provided by third
parties is for informational purposes only and constitutes neither
an endorsement nor a recommendation by ArbitrageInsider.com. ArbitrageInsider.com.
assumes no responsibility for those products or services.
ArbitrageInsider.com. may contain links and references
to other third party websites and materials. ArbitrageInsider.com. does
not assume any responsibility for these websites or materials and
provides these links or materials solely for the convenience of
Users. ArbitrageInsider.com. does not endorse or otherwise recommend
any of these third party websites, references, or the products,
services, or information there offered. ArbitrageInsider.com. reserves
the right to terminate any link or remove any reference found on
the Site at any time.
ArbitrageInsider.COM. MAKES NO WARRANTY, EITHER EXPRESSED
OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES,
BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON
THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER
SITE. ADDITIONALLY, ArbitrageInsider.COM. DOES NOT WARRANT THE EXISTENCE
OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK
LOCATED ON THIS SITE.
11. Copyrights and Trademarks and other Proprietary
Rights.
ArbitrageInsider.com. or its third party content providers
shall retain all worldwide rights in the intellectual property of
the Site, including, but not limited to, trademarks, inventions,
ideas, trade secrets, the "look and feel" of the Site,
its color combinations, layout, and all other graphical elements,
and the copyright in and to its original content. You should assume
that everything You read or see on the Site is copyrighted or otherwise
protected and owned by ArbitrageInsider.com. or a third party who licensed
the right to use such content to ArbitrageInsider.com. Unless otherwise
expressly noted, nothing that You read or see on the Site or in
the CBT may be copied, reproduced, modified, distributed, transmitted,
republished, displayed or performed for commercial use without the
prior written consent of ArbitrageInsider.com. except as provided in
this Agreement.
12. Indemnification.
User agrees to defend, indemnify and otherwise
hold harmless ArbitrageInsider.com. and its officers, directors, agents,
employees and assigns from and against any cause of action or claim,
including legal fees, related to User's Prohibited Conduct or other
improper or illegal use of the Site.
13. Security.
Users are prohibited from violating or attempting
to violate the security of the Site. ArbitrageInsider.com. will investigate
occurrences of possible violations and will cooperate with all applicable
law enforcement authorities in prosecuting violators. Users are
required to enter a username and password to Access the Computer
Based Training. In order to protect against unauthorized Access
to Your account, it is recommended that You close the browser when
You have finished using the Site.
14. Termination of Agreement.
In addition to ArbitrageInsider.com.'s other rights,
it may terminate this Agreement at any time and at its discretion.
ArbitrageInsider.com. may also terminate Access to the CBT or cancel
subscriptions to the CBT without notice if it believes, in its sole
judgment, that You have breached or may breach any term or condition
of this Agreement, engaged in conduct that ArbitrageInsider.com. deems
inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement,
the provisions in this paragraph and the provisions found in paragraphs
6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations
to pay outstanding subscription fees shall survive any termination
of this Agreement.
15. Privacy Statements.
ArbitrageInsider.com. values Your trust. In order to
honor that trust, all of ArbitrageInsider.com.'s employee-owners are
required to adhere to the highest ethical standards in gathering,
using, and safeguarding any information You provide. Personal Information
is gathered only when Users make voluntarily online submissions
of such information or voluntarily establish an account. An example
of the type of information ArbitrageInsider.com. collects is: name,
address, city, state, postal code, telephone number, and e-mail
address. ArbitrageInsider.com. does not rent, sell, or exchange information
about Website visitors and generally restricts access to User information
to qualified ArbitrageInsider.com. employees. Third parties who need
access to ArbitrageInsider.com. User information in order to provide
operational or other support services are required by ArbitrageInsider.com.
to comply with our high standards of security. We gather only the
User information that is needed to administer our business and enhance
and improve our services.
16. Miscellaneous.
These terms of use constitute the entire agreement
between ArbitrageInsider.com. and User regarding the subject matter
hereof. Any previous agreement, whether oral or written, between
ArbitrageInsider.com. and User dealing with the subject matter hereof
is superseded. If any portion of this Agreement is found to be unenforceable
for any reason, such portion will be deemed severed and will not
affect the enforceability of the remaining terms. Upon User's breach
of this Agreement, ArbitrageInsider.com. may pursue any legal or equitable
remedy available, including but not limited to, direct, consequential
and punitive damages and injunctive relief. ArbitrageInsider.com.'s
remedies are cumulative and not exclusive. Failure of ArbitrageInsider.com.
to exercise any remedy or enforce any portion of this Agreement
at any time shall not operate as a waiver of any remedy or of the
right to enforce any portion of the Agreement at any time thereafter.
User agrees that regardless of any statute or law to the contrary,
any claim or action arising out of or regarding this Agreement must
be filed within one (1) year after such claim or cause of action
arose or be forever barred. ArbitrageInsider.com. makes no representation
that the content of the Site is appropriate or available for use
in all locations.
17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the Province of Quebec,
without regard to principles of conflict of laws. Any other disputes
will be resolved as follows: If a dispute arises under this agreement,
we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Longueuil, Québec, Canada.
Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us. If it proves impossible
to arrive at a mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the following
location: Longueuil, Québec, Canada, under the rules of the Canadian
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do
so.
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