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Pro Canada Subscription Terms of Service

Introduction

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING TO PRO CANADA. BY SUBSCRIBING TO, AND ACCESSING ANY PORTION OF THIS SERVICE YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THE TERMS SET FORTH BELOW.

Acceptance of Terms

These Terms of Service constitute an agreement between you (“you”) and The Motley Fool Canada, ULC, (“The Motley Fool,” “Fool Canada,” “Fool,” or “we”), P.O. Box 997, Halifax, Nova Scotia, B3J 3N2, by which we provide you access to our premium service, currently entitled Pro Canada (the “Service”). By subscribing to and using the Service you are agreeing to be bound, without limit or qualification, to the following terms and conditions. 

The Motley Fool may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of the Service means that you accept any new or modified terms and conditions.

The Service

The Service is an actively managed real-money portfolio that employs a wide range of trading strategies, including all forms of options. The Motley Fool is exclusively funding the portfolio and consequently, any realized gains or losses will belong to The Motley Fool.

As a subscriber, you will be alerted of any upcoming transactions, which you can mirror in your personal account should you choose to do so.  The Service will wait at least one full market day after a trade alert has been issued to transact in that security.

Please note: The Service is a digital product.  All information and content will only be delivered electronically to the email address you provided us as well posted on our website.  There is no physical mailing or delivery of any of the material provided by the Service.

Financial Information Disclaimer

The Service and all accompanying or related materials such as the weekly updates is for general information purposes only. The information provided has not taken your personal circumstances into account. You therefore agree that all commentary and statements of opinion made in the Service is: (a) general information only and not intended as personalized investment advice; and (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, or sponsorship of any entity or security by The Motley Fool.

One of the principal tenets here at The Motley Fool is that the best person to handle your finances is you. By your use of the Service, you are agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The Motley Fool, its directors, employees, contractors, agents and affiliates will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through the Service. IF YOU NEED OUTSIDE ASSISTANCE PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS RECOMMENDED THAT YOU SEEK ADVICE FROM A QUALIFIED INVESTMENT ADVISER. THE MOTLEY FOOL DOES NOT PROVIDE ANY PERSONAL INVESTMENT OR OTHER PROFESSIONAL ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, OR SECURITY.

You further acknowledge and agree that any request for information by you is unsolicited and any response by The Motley Fool will not constitute or be construed as investment advice.

As our name suggests, we are a motley bunch and as such, hold diverse and at times, differing opinions. Therefore, the views expressed in the Service are solely that of the Pro Canada staff and are not necessarily reflective of the views of The Motley Fool, its other staff members or its affiliates.

Portfolio Performance

The Service’s returns reflect the gains and losses of The Motley Fool’s real-money portfolio. The Service’s returns are based on the percentage change between the stock price at the time we bought the shares and the current or sell price (if the position has been closed or reduced) at the time of the transaction. Brokerage, taxes, and any other associated costs, except trading commissions, are not taken into account. The returns displayed are not net of fees except for the aforementioned trading commissions.

Please remember that investments can go up and down. Past performance is not necessarily indicative of future returns. Performance figures are not intended to be a forecast and we do not guarantee the performance of, or returns on, any investment.

Subscribing to the Service

The Service is available only by subscription, meaning that you sign up for a fixed term, as listed on the order page.   Your subscription will continue until you cancel as set forth in these terms.

When subscribing to the Service, you will need to provide us with your name, email address, billing and shipping address and if applicable, your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. If any information you provide is inaccurate or not up-to-date, The Motley Fool reserves the right to cancel your subscription.

Soon after subscribing, you will receive a confirmation email from Fool Canada detailing the key terms of your subscription including total price paid and your expiration/renewal date.

Subscription Fees, Automatic Renewals, Cancelations and Refunds

Prices published on Fool.ca are quoted in Canadian dollars. The fees for the Service (plus any applicable taxes) will be specified on the order page and in the subsequent confirmation email.  The amount and type of tax you will be charged will depend on the address you provide.

You can pay for your subscription by credit card or via PayPal. If you choose to pay for your subscription through PayPal, once you have provided us with the requisite information, you will be transferred to the PayPal website where you can complete your purchase. Please note that once you are on the PayPal site you will be subject to PayPal’s policies and terms of service, which are completely outside of The Motley Fool’s control.

Subscription fees are due in advance and your membership will automatically renew for the annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership.

You may cancel your membership at any time by emailing MemberSupport@fool.ca.   If you cancel your subscription within 30 days of purchase or renewal, you will receive a full refund for the applicable term.  After this 30-day period, all fees are non-refundable.   Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period and except as expressly provided in these terms, after 30 days of purchase or renewal, such fees are non-refundable. 

Access to the Service

Access to the Service is strictly limited to paying members. At the time of subscribing, you will also be asked to create a password. You will need this password in order to access the Service. You agree not to forward the Service’s content including without limitation trade alerts to any third party without Fool Canada’s written permission.

You also agree not to access this website and the Service by any other means other than through the interfaces we provide for use.

Intellectual Property

The Service’s Content is protected by Canadian and international copyright, trademark and other intellectual property laws and is the property of Fool Canada and/or providers of the Content under licence. “Content” means any information, mode of expression, or other material found in the Service including without limitation our writings, graphics and all other features.

The Service is intended for individual, non-commercial use only. You may download or print one copy of any material. Any other copying, distribution, storing, transmission or re-dissemination of any kind, is prohibited without The Motley Fool’s prior written permission.

Any materials downloaded in breach of these terms and conditions remain the property of The Motley Fool.  We reserve the right to take any necessary action in response to a violation of the above rules.

Modification or Discontinuation

The Motley Fool reserves the right to modify, suspend or discontinue all, or part of the Service.  In the event we discontinue the Service, you agree that we may transfer your subscription to another Fool Canada product of equal or greater value. Of course, you may cancel your membership to the new product at any time and receive a pro-rated refund for the remainder of your subscription term. Without limiting any of the foregoing, you agree that if this Service is discontinued, The Motley Fool’s only obligation to you is to provide you with a pro-rated refund, at your request.

Disclaimer of Warranties

The Service bases its recommendations and forecasts on techniques and publicly available information believed to be reliable in the past and at the time of publication. However, The Motley Fool makes no warranty as to the completeness, accuracy or usefulness of the information presented. ACCORDINGLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOTLEY FOOL MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE. YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOTLEY FOOL MAKES NO WARRANTY THAT THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT SUCH CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND THAT ANY ERRORS WILL BE IMMEDIATELY CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNOLAD OF SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE MOTLEY FOOL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE MOTLEY FOOL HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES PROVIDED HEREUNDER.

Forums and Member-Generated Content

You hereby grant The Motley Fool an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our website. This includes the rights to syndicate and make derivative works out of any of your posted content without any obligation or remuneration to you. Without limiting the foregoing, you hereby waive any moral rights you may have in any contributions made to our forums or anywhere else on our site. We’ll only republish your content in context, and we’ll credit you as author (unless we’re using small quotations). We won’t republish your posts in advertising without your permission.

Conduct and Your Responsibilities

The Motley Fool champions active and open debate among our members. All we ask is that it’s done in a lawful and civil manner — be it posting on our forums or using our system in any way. Accordingly, you agree to use The Motley Fool for lawful purposes only.

You may not use or allow others to use your subscription to:

  • Upload, post or otherwise transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
  • Post or transmit any material that you don’t have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Post, transmit, or link to sexually explicit material;
  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
  • Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of each and any of Canada’s provincial and territorial governments, and the national or other securities exchanges);
  • Offer, sell, or buy any security;
  • Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  • Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of our sites;
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems; and
  • Take any action that damages or disrupts the functioning of our systems.

The Motley Fool may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, or take any action for violating the above provisions or otherwise taking an action disruptive to the Service.

You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.

If you see something that you feel is a violation of these terms, please notify us by emailing membersupport@fool.ca.

Privacy

All personal data you provide us is maintained in the United States of America. By subscribing and using our Service, you consent to our transferring and handling the data under the terms of our Privacy Policy, which is incorporated by reference.

If you are using PayPal to pay for your subscription, PayPal is processing payment and we do not have access to your credit card information. Accordingly, you agree that Fool Canada has no responsibility or liability for PayPal’s privacy practices.

Arbitration and Actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these terms or your use of the Service will be referred to and settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or re-enacted from time to time. Notwithstanding the foregoing, you agree that we have the right to pursue the protection of our intellectual property through the courts.

Miscellaneous Terms

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. Subject to the Arbitration and Actions paragraph above, you agree and hereby submit to the jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.

These Terms constitute the entire agreement between you and The Motley Fool regarding the use of the Services we provide and make available to you.

The parties have required that these terms be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en Anglais.