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.
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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.
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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.
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Subscription Fees, Automatic Renewals, Cancelations and Refunds
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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.
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Access to the Service
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Intellectual Property
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Modification or Discontinuation
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Disclaimer of Warranties
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Limitation of Liability
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Forums and Member-Generated Content
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Conduct and Your Responsibilities
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You may not use or allow others to use your subscription to:
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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.
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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.