Terms and Conditions

Terms and Conditions

QIKO ALERTS - Terms of Use

The following terms and conditions (the “Terms of Use” or “Agreement”) constitute an agreement between you, whether as a visitor or a registered user (“User”, “you” or “your”) and QIKO ALERTS. and its affiliates, successors and assigns (“QIKO ALERTS”, “us”, “our” or ‘we”), the owner and/or operator of the www.qiko.ca website, the QIKO ALERTS server on Discord, and the QIKO ALERTS store (collectively, the “Site”) and all content and/or features contained therein, as well as any newsletter, email notifications, trade alerts or any related applications provided by us (collectively, the “Services”), regarding your use of the Site and/or Services. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY OTHER AGREEMENT INCORPORATED HEREIN BY REFERENCE.

Modifications to the Terms of Use

QIKO ALERTS, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) QIKO ALERTS may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

Eligibility

The Site and Services found at this Site are available only to Users who are the age of majority or older in their jurisdiction or minors who have been given permission to use the Site by a legal guardian who has agreed to this Agreement.

General

We reserve the right to refuse access to, and to modify, change, or discontinue any aspect of, the Site and/or Services for any reason and at any time.

Your use of the Site and the Services including any information you submit will comply with this Agreement and all applicable laws, rules and regulations.

You will not use this Site or the Services in a manner (as determined by QIKO ALERTS in its sole and absolute discretion): that is illegal, infringing, defamatory, harassing, abusive; that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable.

You will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by QIKO ALERTS. You will not access the content or information we provide through any technology or means other than through this Site itself, or as we may designate. You will not use this Site or the Services found at this Site for any commercial use without our express prior written consent.

The content on the Site and Services, including without limitation any text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“The Content”), are owned by or licensed to us, and are subject to copyright, trademark, and/or patent protection and other intellectual property rights under applicable laws. The Content is provided to you “as is”, “as available” and “with all faults'' for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our written consent. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to The Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

Links to Third-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by us. These links are provided solely as a convenience to you and do not constitute an endorsement by QIKO ALERTS of the content on such websites nor of the business practices of those operating those websites. QIKO ALERTS has no control over and assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, wedo not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless QIKO ALERTS, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification, and you agree to cooperate in such defense as is reasonably requested by us.

No Financial Advice Given

Any content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by our Site or Services is: (a) for information purposes only; (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 us; and (c) not necessarily reflective of the views of QIKO ALERTS (or anyone else except those of the individual writer). You acknowledge and agree that any request for information by you is unsolicited and any response by us will not constitute or be construed as investment advice.

YOU ACKNOWLEDGE AND AGREE THAT QIKO ALERTS IS NOT A REGISTERED SECURITIES OR INVESTMENT ADVISOR IN ANY JURISDICTION.

By your use of our Site or Services, you are agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that QIKO ALERTS, its directors, employees, contractors, and agents 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 Site or Services. IF YOU NEED OUTSIDE ASSISTANCE PRIOR TO MAKING ANY INVESTMENT DECISION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. QIKO ALERTS DOES NOT PROVIDE ANY PERSONAL OR INDIVIDUALISED INVESTMENT ADVICE OR ADVICE REGARDING THE SUITABILITY OF ANY PARTICULAR INVESTMENT, OR SECURITY.

Disclaimer of Warranties and Limitation of Liability

Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.

THE SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

QIKO ALERTS, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.

Our Site and Services are directed at a Canadian audience. We cannot warrant that the Site and Services are appropriate for users outside of Canada or that use of the Site and Services is permitted under the laws of other jurisdictions.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.