1. ACCEPTANCE OF TERMS
2. AUTHORIZED AND PROHIBITED USES
2.1. Authorized Uses
Innocap grants you a non-exclusive, personal, non-transferable, non sub-licensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which you are a user, for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the Site only for lawful purposes and in conformity with the Permitted Uses. No other use of the Site is authorized unless Innocap expressly agrees otherwise in writing.
You may print copies of the Site Content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal disclaimers furnished in the footnotes under "Legal Disclaimer" as shown on the screen. Linking to the Site is not permitted, unless expressly agreed otherwise in writing by Innocap.
2.2. Prohibited Uses
Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any Innocap servers, or any network connected to any Innocap servers. You may not use the Site in any manner that would interfere with any other party's use of the Site.
The Site Content is provided by Innocap for information purposes only. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.
Reasonable precautions have been taken to ensure that Site Content is complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to guarantee the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may change without notice following market events or other reasons. Innocap has no duty to update this Site or any Site Content. We shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented through this Site.
This Site is not intended to provide any tax, legal, or investment advice, and nothing on the Site should be construed as a recommendation, by Innocap or any of its affiliates, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. It is recommended to consult an attorney or tax professional regarding your specific legal or tax situation.
4. PROFESSIONAL CLIENT
Innocap is authorised by the MFSA only to provide investment services to Professional Clients. A Professional Client is a client that falls within the definition provided in the Glossary to the Investment Services Rules for Investment Services Providers, as may be amended from time to time.
5. LIMITATION OF LIABILITY
You acknowledge and agree that this Site is provided on an “as is” and “as available” basis. Neither Innocap nor Innocap's directors, employees or agents (collectively, the “Innocap Parties”) guarantees the timeliness, accuracy, reliability, completeness, or usefulness of any aspect of the Site, which are assumed solely by you. None of the Innocap Parties warrants that this Site or Site Content will meet your needs or expectations, or be uninterrupted, secure or error free or that this Site, its server or any files available for downloading through this Site are free of computer viruses or other harmful elements. The Innocap Parties have no responsibility for viruses or any other damage that may be caused to you as a result of using this Site. Periods of volatile or unusual market activity, in particular, may affect the availability of the Site or response time.
All of the Innocap Parties hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, regarding this Site, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, all of the Innocap Parties disclaim any warranties with respect to any results that may be obtained from the use of this Site. Innocap and its affiliates also disclaim responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional.
Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance or other projections are "forward-looking statements". These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of Innocap or any of its affiliates. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects.
You agree that under no circumstances will the Innocap Parties be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages (collectively, the "Excluded Damages"), arising out of, or in any way connected with, your use of or inability to use this Site, including but not limited to: loss of revenue, trading losses, anticipated profits, business, savings, goodwill or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission or computer virus; failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet); severe or extraordinary weather (including snowstorm, flood, earthquake, or other act of God); fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property. Even if the Innocap Parties have been advised of the possibility of or could have foreseen the Excluded Damages further, the Innocap Parties will not be responsible for any failure to comply, by you or any third party, with these terms or with applicable federal and provincial laws.
These limitations of liability will apply regardless of any negligence or gross negligence of any Innocap Parties, contractual liability, tort (including negligence) or any other form of legal liability and will remain in effect even if any remedy fails its essential purpose.
We discourage you from using e-mail for sending confidential or sensitive information. If you send an e-mail (encrypted or not) to Innocap over the Internet, you are accepting the associated risks of lack of confidentiality.
7. INTELLECTUAL PROPERTY
You acknowledge that this Site, including all texts, software, graphics, images and other material, is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not reproduce, distribute and/or modify the interface or logos including certain names, graphics, icons, designs, words, titles or phrases, except as explicitly authorized by Innocap in writing.
7.2 Claims Procedure
We reserve the right to remove from this Site, any content that is alleged to infringe someone's copyright. If you reasonably believe that your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please contact Innocap.
8.1 Failure to enforce
8.2 Governing Law
This Agreement will be governed and interpreted under the laws of Ireland and you consent and submit to the exclusive jurisdiction of those courts for the purposes of litigating any such action.
8.4 Headings are for convenience only
Captions and paragraph headings are for convenience only and shall not form an interpretative part of this Agreement.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site.
8.7 No Waiver
No waiver shall be effective unless in writing.
8.8 All rights reserved
All rights not expressly granted herein are reserved by Innocap.
9. TECHNICAL SPECIFICATIONS
The Site is generally intended to be viewed by a conventional web browser, such as Explorer 8+, Chrome, Safari, Firefox and Opera. You are responsible for setting the cache setting on your browser to ensure that you are receiving the most recent data. You should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved by Innocap. You agree that you are responsible for the means that you use to access the Site and understand that your hardware, software, the Internet, your internet service provider, and other third parties involved in connecting you to this Site may not perform as intended or desired.