Terms of Use
Please read these Terms of Use (the “Terms”) carefully before using this Website. By accessing or using this Website, you agree and accept these Terms. Please note that we reserve the right to modify these Terms from time to time without any notice to you. As any such modifications are effective upon posting, please visit this page periodically to review these Terms. Your continued access or use of the Website after a modification has been posted will constitute your acceptance of that modification. If you do not agree to these Terms, your sole remedy is to discontinue your access or use of the Website.
Minors or people below 18 years old are not permitted to use this Website.
By accessing or using this Website, you agree to be bound by the terms of our Privacy Policy.
Intellectual Property Rights
Other than Your Content, as applicable (defined below), Propel Advisory Services Inc. and/or Helgi Maki (collectively, the “Owners”) and/or their licensors own all the intellectual property rights and materials contained in this Website.
All Website design, text, graphics, sound, software, layout, and content, and the selection and arrangement thereof, are the property of the Owners or their licensors and are protected by local, national, and international copyright, trademark, and other intellectual property laws. Except as granted in the limited license herein, you agree not to copy, reproduce, republish, translate, transmit, modify, distribute, or otherwise exploit the Website, the content, or any elements thereof.
You are granted a limited license only for purposes of viewing the material contained on this Website. Subject to these Terms, you are hereby granted a limited license to reproduce single copies of the Content solely for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices contained in any such Content.
You are specifically restricted from all of the following:
publishing any Website material in any other media;
selling, sublicensing, and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and the Owners may further restrict access by you to any areas of this Website, at any time, at absolute discretion. Any user ID and password you may have for this Website are confidential and you agree to maintain confidentiality with respect to such information as well.
2. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant the Owners a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not violate any third-party’s rights. The Owners reserve the right to remove any of Your Content from this Website at any time without notice.
3. Indemnification
You agree to indemnify the Owners, and their respective affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the Website, its content or products; (ii) your breach of the Terms; or (iii) your violation of any third party rights.
4. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
5. Variation and Termination
The Owners are permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.
6. Assignment
The Owners are allowed to assign, transfer, and subcontract their rights and/or obligations under these Terms without any notification. However, you are not permitted to assign or transfer any of your rights and/or obligations under these Terms.
7. Disclaimer of Warranty
The Owners and their Affiliates do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Website. Also, nothing contained on this Website shall be interpreted as advising you.
THE WEBSITE, THE CONTENTS, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS", "WHERE IS", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING.
THE OWNERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE CONTENT OR ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
8. Limitation of Liability
IN NO EVENT WILL THE OWNERS OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE CONTENT OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF ANY OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE OWNERS’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE, THE CONTENTS OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO THE OWNERS TO ACCESS OR USE THE WEBSITE, THE CONTENTS OR ANY SUCH PRODUCTS; OR $10.00.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
9. Links
This Website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that we monitor or endorse these websites. We do not accept any responsibility for such websites, or their content.
Without our prior written consent, you agree not to: (i) create or maintain any link from another website to any page on this Website; or (ii) run or display this Website or any Content in frames or through similar means on another website; or (iii) or use any meta tags or any other "hidden text" using our name or trademarks.
10. Transactions
The purchase of any products on the Website may be made through your Stripe or PayPal® account. In order to make a purchase on the Website, you will be required to complete an order form for any such purpose through your account. By completing this form, you acknowledge that you are at least eighteen (18) years of age, and agree to pay the Owners for any products that you order through the Website through Stripe or Paypal® and comply with the user agreement provided by such parties, and the Privacy Policy, as may be amended from time to time.
You are solely responsible for your use of payment services to purchase any products. We will not be responsible: (i) for any charges that Stripe, Paypal® or your credit card issuer may apply to you as a result of processing your order; (ii) if Stripe, Paypal® or your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of products that may arise due to any validation checks that may be carried out regarding your payment or identification. If your payment requires a currency conversion, the terms of the currency conversion will be governed solely by Stripe, PayPal® or any other payment services provider and your agreement with them.
11. General
These Terms, together with the Privacy Policy, constitute the entire agreement between the Owners with respect to the Website, its content, and the purchase of any products.
All references in these Terms, the Website or the content to the Owners, "the firm", "we", "us", "our" and like terms should be interpreted to mean and include the Owners. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms. If any provision of these Terms is found to be unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, convey, subcontract or delegate your rights, duties, or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
12. Governing Law
This Website is controlled, operated, and administered by the Owners from within the Province of Ontario, Canada. By accessing this Website, you acknowledge and agree that all matters relating to your access to or use of the Website is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). And you hereby agree to submit to the non-exclusive jurisdiction of the Province of Ontario and federal courts located in Ontario with respect to all matters relating to these Terms.
13. Arbitration
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, the content, any products purchased on or through this Website, or, the relationship which results from these Terms, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by the Arbitration Act (Ontario), as amended, replaced or re-enacted from time to time. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt-out of any class proceedings against the Owners and/or its Affiliates. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
14. Language
The parties have expressly required that these Terms and all documents relating thereto drawn up in the English language. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
15. Survival
Sections 1, 3, 7, 8, 12, 13, and 15 will survive any termination of these Terms by any party for any reason.
16. Currency
These Terms are effective as of May 11, 2021.