Terms & Conditions
Vadar.ca provides and delivers various software applications that display delayed and real-time financial market information including but not limited to stock quotes, news and other company information (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. By accessing and using this Site, you agree to each of the terms and conditions set forth below and understand the contents of this Agreement and agree to be legally bound thereby.
Website User agrees not to disseminate the data provided by Vadar.ca for any external use, including providing Vadar.ca delivered data to Website User’s clients, or to any third parties. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination.
2. PROPRIETARY AND TRADEMARK RIGHTS
Website User acknowledges and agrees that: (a) Vadar.ca is and shall continue to be the absolute owner of the software and data delivered as a part of this service; (b) Website User’s right to use said data and software is derived solely from these terms and conditions; and (c) Such right is expressly limited pursuant to these terms and conditions. Website User shall at no time assert any claim of ownership over the software and data by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.
Vadar.ca and other product names are trademarks of Vadar Communications Inc.
Website User hereby acknowledges that the market data information provided is the property of the various exchanges and other information providers and therefore subject to modifications from the sources and controlled by all copyright and other interests maintained by the data sources.
3. LIMITATION ON LIABILITY
The market data and information provided with Vadar.ca’s services is believed to be reliable and Vadar.ca agrees to run reasonable control checks thereon to verify that the data transmitted by Vadar.ca is the same as the data received from the various Exchanges and other information sources. However, Vadar.ca does not warrant or guarantee such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to Website User or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Vadar.ca advises that Website Users always consult a stockbroker or other authorized financial advisor or representative to verify the accuracy of the stock prices before making any investments or other financial decisions. This Agreement does not violate any agency requirements and Vadar.ca has the right to enter into this agreement from its information providers.
Vadar.ca shall not be responsible for, nor be in default under this agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Website User’s receipt of the data or services including Vadar.ca e-mail services. Furthermore, Vadar.ca shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY WEBSITE USER FOR THE SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS. SUCH LIMITATION SHALL BE THE EXTENT OF VADAR.CA’S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST VADAR.CA, AND THE FOREGOING SHALL CONSTITUTE WEBSITE USER’S SOLE REMEDY. IN NO EVENT WILL VADAR.CA BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH WEBSITE USER INCURS OR EXPERIENCES ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF VADAR.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. EXCLUSION OF WARRANTIES
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The Website User agrees to indemnify Vadar.ca from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from Website User’s use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
Website User is responsible for the confidentiality and use of its user ID, password and account number. Website User acknowledges that using the service on two or more computers simultaneously is in violation of this Agreement. Website User agrees to notify Vadar.ca immediately of any loss, theft, or unauthorized use of their userid, password, or account number.
MESSAGING SERVICE – Vadar.ca and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. Vadar.ca does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties. By executing an Agreement with Vadar.ca the User acknowledges and accepts to these terms.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Province of British Columbia, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the Province of British Columbia and the federal courts situated in the Province of British Columbia, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. This Agreement shall not be enforceable under the United Nations Convention on Contracts for the International Sale of Goods.
9. WEBSITE USER INFORMATION
The name, address and payment information that the Website User provides as a part of the subscription to any Vadar.ca services provided on this website will not be disclosed by Vadar.ca except as permitted by these terms and conditions. Website User agrees that Vadar.ca may share with other parties non-personal aggregate information, individual information and locator information gathered by Vadar.ca in the course of Website User’s use of the Vadar.ca service.
10. MODIFICATION TO TERMS
Vadar.ca reserves the right to modify the terms and conditions of this License Agreement and to terminate Website User’s access to and use of the Vadar.ca delivered data and services at any time and without prior notice.
EXECUTION OF THESE TERMS AND CONDITIONS:
I hereby understand that by signing this form I am executing the above Agreement with Vadar.ca, a division of Vadar Communications Inc. to use their market data services. I acknowledge that by signing this form I accept all the terms and conditions of this Agreement and agree to be legally bound thereby.