terms of service
These terms and conditions (“Terms”) govern your (“you”, “user”, or “your”) subscription to and use of the HumbledTrader.com website (the “Site”) and other materials and services provided by Humbled Trader Inc. (”HT”, “we”, “us” or “our”), or by any of our joint venturers, affiliates, contractors or agents (“HT Affiliates”).
HT is a British Columbia company having its offices at 25th Floor, 700 West Georgia St, Vancouver, BC V7Y1B3 CANADA. Our services and materials, including our websites, products, applications, coaching and mentoring services, chatrooms, bulletin boards, message boards, news groups, videos and other interactive or social media features (collectively, the “Services”), as well as any Content originating from, generated by or accessed through the use of the Services, may be accessed and used only by users having a valid subscription. “Content” means information, videos, images, artworks, photographs, data, communications, text, code, music, ideas, advertisements and other proprietary or copyrightable materials that are posted, emailed, transmitted, uploaded or otherwise made available through the Services. Copyright in the Site, the Services and all Content, and all other rights not expressly granted to users under these Terms, are hereby expressly reserved by HT, HT Affiliates, and/or their third party licensors.
These Terms were last updated on May 31, 2023. We reserve the right to update or change these Terms from time to time. We will endeavor to advise you of changes to these Terms by posting advance notice of any changes on the Site. Please consult these Terms each time that you use the Services. Your use of the Services for fifteen (15) days or more following the posting of changes to these Terms will mean that you accept and agree to those changes.
Please read these Terms carefully and in their entirety, and contact us if you have any questions. These Terms constitute a legal contract between you and HT. By clicking “I AGREE”, using our Services, or by using our Site other than to review these Terms and the Site’s privacy policy Privacy Policy, you will be deemed to have agreed to these Terms. If you do not agree with these Terms, you should not access or use the Site, our Services or our materials. These Terms, including all restrictions on your use of the Services and its contents, apply whether or not a license fee or other payment was paid for the use of the Services or any Content.
IMPORTANT DISCLAIMER REGARDING FINANCIAL INVESTING
You acknowledge HT, its owners, officers, directors, employees, mentors, coaches, affiliates, contractors and agents are not licensed investment advisers, broker dealers or financial analysts, nor are they members of any kind of financial advice or research groups. HT is not providing any financial, tax or legal advice, investment strategies, or stock trading advice, nor is it advertising or promoting any disposition or trading in securities or derivatives. The Services and Content that we provide are intended for personal informational, educational and entertainment purposes only, and are not for commercial use. Content that we provide addressing specific assets, securities, stocks, options or other financial instruments and transactions are for illustration only, and may not represent specific trades or transactions conducted. We do not recommend the purchase or sale of particular securities. Any Content provided on humbledtrader.com, its subpages, its affiliated emails, videos, coaching sessions or webinars are the opinions of the authors or mentors and are not, and should not be relied upon as, investment advice. In no event should any Services or Content provided by HT be construed as an express or implied promise or guarantee of any specific outcome or result. HT, its owners, directors, employees, mentors, coaches, affiliates, contractors and agents are not responsible for any errors or omissions in the Services or any Content. Any opinions expressed may be subject to change without notice.
Investing in securities is speculative, high risk and may not be suitable for all investors. You should carefully consider your investment objectives, level of experience and risk appetite. Past performance is no indication or guarantee of future results. You are solely responsible for your own trading decisions. Decisions to buy, sell, hold or trade in securities and other investments involve risk and should only be made based on the advice of qualified licensed investment advisors. Any trading in securities or other investments is speculative and involves a risk of substantial losses. You should not invest in securities or other investments unless you are prepared to lose your entire investment. Please consider carefully whether such trading is suitable for you in light of your current financial condition and your ability to bear the financial risks and costs. You should not make investment decisions based on information made offered or available by HT directly or through the Services.
Use of the Site and our materials and Services is solely at your own risk. HT, its affiliates, mentors, coaches, and their respective officers, directors, shareholders, agents and employees expressly disclaim all liability regarding your use or inability to use the Site and our materials and Services. Please read the detailed LIMITATION OF LIABILITY AND RELEASE set out below (JUMP TO SECTION).
USER ACCOUNTS
Users are required to establish a user account (your “Account”) to access and use many of our Services. You are responsible for ensuring that your account information, including password, is up-to-date, accurate, complete and secure. One Account is allowed per user, and Accounts and related subscriptions must not be shared. You must contact HT without delay if your Account information changes, is lost or stolen, or if you believe that there has been unauthorized use of your Account. You are responsible for all use of your Account, whether or not it has been authorized by you. HT is not responsible for any unauthorized access to your account, or for the loss of any information or Content.
If you are creating an account on behalf of a company or other legal entity, the company will be the owner of the Account, and you represent and warrant that you have the authority to bind the company or other entity to these Terms.
We reserve the right to refuse use of or access to the Services to anyone at any time at our sole discretion.
PRIVACY
Your use of the Services and our use of certain information about you are subject to our privacy policy available at https://www.humbledtrader.com/privacy-policy (“Privacy Policy”), which is hereby incorporated by reference. Through your use of the Services you agree to the collection, storage and use of your information in accordance with the Privacy Policy. In case of any inconsistency between these Terms and any terms set out in the Privacy Policy, the terms of the Privacy Policy will prevail.
LIMITED LICENSE
Subject to your compliance with these Terms, HT grants you a limited, personal, non-exclusive, non-transferable license to use the Services and our Content solely for your personal informational, educational and/or recreational purposes. The Services may not be used or reproduced for or in connection with any commercial activities, and are not to be construed as investment advice. You are not licensed to use our Services or Content to trade in securities or to provide investment advice, or otherwise in furtherance of any trade in securities or other investments. Our Content and Services may never be used in violation of applicable laws. The Content may not be linked, downloaded from the Site or reposted without the prior written consent of HT.
USER CONDUCT AND RESTRICTIONS
You may access and use the Site, the Services and our Content only for your personal, non-commercial purposes.
You are responsible for all Content contributed by you and activities undertaken by you or through your Account, regardless of whether such Content and activities are contributed or undertaken by you or by another party, with or without your knowledge. We reserve the right, but do not have the obligation, to review and remove any Content that we deem to be objectionable or inappropriate, at our sole discretion.
You may not record coaching or mentoring sessions without the express prior written consent of the HT and the coach or mentor.
You agree to maintain the Services and Content in the strictest confidence, using at least the same degree of care as you use to protect your own highly confidential information, but no less than a reasonable degree of care. Unless otherwise expressly permitted under these Terms, you agree that you will not disclose all or any portion of the HT Content, Services or related materials to any third party, and will not, and will not permit any other party, to use the Services, Content or related materials for your or their own commercial benefit including, without limitation, for the purposes of creating or offering, or enabling any other party to create or offer, products or services that are the same, similar to or competitive with those offered by HT, or in furtherance of the promotion, advertisement, purchase or trade in securities or other investments.
You further agree not to use the Services or Content to:
violate any laws, rules or regulations;
stalk, harass or harm another individual;
collect or store personal data about other users;
suggest, entice, divert or hire any users, contractors or employees to any business that competes with HT;
impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
conduct any fraudulent activity;
interfere with or disrupt the Services;
attempt to gain unauthorized access to any Services or HT Content, or other systems, networks or data;
interfere with or disrupt the integrity or performance of any such Services and/or HT Materials; or
use any Services to send, retrieve, store or transmit any spam, malware, viruses or other harmful computer code, files or programs.
In accessing or using the Services or Content, you may not:
restrict or inhibit any other visitor or user from accessing the Site or using the Services;
use the Services or Content for any unlawful purpose;
express or imply that any statements and opinions you make are endorsed by us, without our prior express written consent;
share, disseminate, display, distribute, commercialize, communicate, link, broadcast or otherwise make available the Services, or any Content, products or other information and materials obtained through or in connection with the use of the Services, including without limitation, by caching, framing, deep-linking or similar means;
copy, modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Content;
“frame” or “mirror” any part of the Services or Content without our prior written authorization;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site, our Services or our Content;
harvest or collect information about visitors and users of the Services without their express consent;
send unsolicited or unauthorized advertisements, spam, chain letters and the like, to other users of the Services;
infringe or misappropriate any party’s intellectual property rights, privacy rights or other rights;
threaten any visitors and/or other users in any way;
incite hatred against any person or group;
include or use profanity, vulgarity, obscenity or pornography;
create usernames that are objectionable, including those that use typographical obfuscations;
circumvent any measures that we may put in place to protect the privacy or confidentiality of your account or information, our information, or the accounts or information of other users;
publish any visitor’s and/or other user’s personally identifiable information (eg. credit or debit card numbers, social security numbers, driver’s license information);
impersonate any other visitor, user or person in a manner intended to mislead or confuse other users;
solicit or advertise on the Site, or add abusive or non-related links to your own site; or
otherwise use the Services in a manner that could, in HT’s sole opinion, adversely affect the ability of other persons to use the Services, any Content or the Internet.
HT reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access to the Services by any user who HT reasonably believes is using the Services in violation of these Terms.
INTELLECTUAL PROPERTY
You acknowledge that you are obtaining only a limited right to use and access the Services and Content. Notwithstanding the use of the words “purchase”, “sale”, or like terms hereunder, no ownership rights are being conveyed to you.
The Services, Content and all related and underlying technology, documentation, work product, tools, designs, methodologies, processes, applications, techniques, ideas, know-how and all derivative works, modifications, or improvements of the foregoing as well as all comments, questions, suggestions, feedback and any copyrights and other intellectual property rights (collectively the “HT Materials”), are the property of HT, and if applicable, HT Affiliates and any third-party coaches, mentors, licensors or providers, and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions. Subject to the limited right to use as expressly set out in these Terms, rights, title and interest in and to such materials are reserved by HT, HT Affiliates and third-party coaches, mentors, licensors and providers (as applicable). Any future releases, updates or other additions to the HT Materials will be subject to these Terms.
“Humbled Trader”, “HT” and other trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Services are trademarks and/or registered trademarks of HT. All other product, brand and company names and logos used or mentioned on the Services, any listings or other Content accessed through the Services, may be the trademarks (registered or unregistered) of their respective owners. Except as expressly permitted by law, the use, copying, imitation or modification of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Services, any of our Content, or any other information or materials accessed through the Services.
USER SUBMISSIONS
The Services may permit the submission, transmission, sharing or posting (hereinafter, “post”) of Content by users, including without limitation, photos, profiles (including your name, image, voice and likeness), comments, messages, conversations, notes, text, information, videos, audio clips, listings, feedback, ideas, articles, links and other content (“User Submissions”).
You are solely responsible for the User Submissions that you post on or through the Service or the Site. You may not post User Submissions on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that HT may, but is not obligated to, review the Site and may delete or remove (without notice) any Content or User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of HT violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store through the Service or on the Site or otherwise provide to HT.
When you post User Submissions to the Site, you authorize us to make such copies thereof as we deem necessary in order to facilitate the delivery of the Site, the Services or for posting and storage of the User Submissions on the Site as well as development of future products and services and general promotional and marketing purposes. By posting User Submissions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Submissions, and to grant and authorize sublicenses of the foregoing. You also waive your moral rights in and to the User Content in favour of HT and our Affiliates.
You may remove your User Submissions from the Site at any time. If you choose to remove your User Submissions, the license granted above will not expire, and you acknowledge that HT may retain archived copies of your User Content. HT does not assert any ownership over your User Submissions; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions. You agree that HT will not be liable for any alleged or actual infringement or misappropriation of any proprietary rights you may have in your User Submissions.
We reserve the right, without further notice to you, to monitor, censor, edit, move or remove any and all Content posted and uploaded by you including any User Submission, at any time and for any reason (or for no reason).
We do not endorse or warrant the validity of any opinion and/or comments expressed by any user. Opinions expressed by users are the opinions of the users, and not of HT. You agree to defend and indemnify us from and against any third party claims resulting from any User Submissions contributed by you.
We may, at our sole discretion, grant particular contractors the authority to moderate User Submissions. Due to the volume of submissions, we may not review moderator decisions with users, and are not liable for moderator acts or omissions. In addition, individual moderators may adopt their own guidelines for chat rooms that they moderate. Users are encouraged to follow these moderator guidelines, except to the extent to which they conflict with these Terms, in which case these Terms shall prevail.
THIRD PARTY PLATFORMS AND CONTENT
The Services may contain links to third-parties’ platforms, their websites, applications and content (“Third Party Materials”). The provision of such links is for convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by HT of the linked sites, or of any information, goods or services offered on or through the linked sites.
Your access to and use of third-party websites and Content is at your own risk and may be subject to different terms and conditions regarding use or disclosure of the personally identifiable information. Any dealings, transactions or agreements between you and third parties are between you and the third party. Under no circumstances will HT be responsible or liable for any loss or damage of any kind resulting from, or in connection with, any correspondence or business dealings by you with any third parties.
PAYMENT TERMS
You agree to pay for all fees with respect to the subscription product (including any coaching and mentoring sessions) that you have selected to purchase (the “Subscription Product”). You will be charged immediately for the entire period of the subscription at the then-current fee, and you accept responsibility for all recurring fees until you cancel your subscription. Except as specifically provided in the Refund Policy set out below, all fees are non-refundable.
All fees are exclusive of applicable taxes and you are responsible for the payment of any taxes associated with the purchase of the Subscription Product.
A valid credit card is required to purchase any Subscription Product.
You represent and warrant that you are the lawful owner of the credit card, or that you are authorized to provide and use the credit card.
We will not disclose your credit card information, except as required in the course of providing the Services and the Subscription Product.
You agree to immediately inform us if any credit card information changes or if your credit card is expired or rejected, and to provide us with valid replacement credit card information.
You authorize us to charge the applicable recurring subscription fees to any credit card you have on file with us or any replacement card, unless you have advised us in writing of the termination or non-renewal of your subscription.
You agree to request termination of any recurring credit card transaction, or to transition to another credit card, not less than fifteen (15) days prior to the expiry of the current billing cycle.
You will notify us about any billing problems or discrepancies within thirty (30) days. If you do not bring them to our attention in writing within the thirty (30) days, you waive your right to dispute such problems or discrepancies.
If payment of any fees remains outstanding for more than five (5) days, we reserve the right to suspend or terminate any Account, Subscription Product, and/or your access to the Services until payment is received in full.
We may at any time revise our fees, or institute new charges or fees. Fee changes and new charges will not apply to any current subscriptions, but only to new subscriptions after the effective date of the fee change.
RENEWALS
The Subscription Products will be set to automatically renew annually upon expiration of the term. Unless you cancel your subscription prior to the expiry of the current billing cycle, your account will be automatically renewed for the same term. At the time of renewal, if your subscription has not been cancelled and you have not advised us of your non-renewal, you agree that the then-current fee will be charged to your credit card that we have on file.
SUSPENSION OF SERVICES
We reserve the right to suspend your Account, and/or access to the Services and any related support at any time, without prior notice and without liability to you, if:
you fail to pay any outstanding amount within seven (7) days after receiving a payment reminder; or
we reasonably believe that you have breached these Terms.
During any suspension period:
you will continue to be bound by these Terms;
all fees and charges payable by you will remain due and payable; and
no credit will be provided for any period of suspension.
Our right to suspension is in addition to any of our other rights or remedies that we may have, including but not limited to any termination rights.
CANCELLATION AND TERMINATION
You may cancel any subscription to a Subscription Product at any time by logging into your user Account settings page and clicking on “cancel”: https://community.humbledtrader.com/settings/card. If you cannot cancel, please email us at support@humbledtrader.com to cancel your Subscription Product. Cancellation takes effect upon the expiration of the Subscription Product.
In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Services or any party’s ability to access or use the Services, our materials or any other Content, at any time and for any reason, including any breach by you of these Terms, or for no reason, without liability.
Upon termination, you will have no further right to access or use the Services, and all rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Services will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms. Upon termination, we will have the right, but not the obligation, to permanently delete any User Submissions and other materials that you have submitted.
REFUND POLICY
IF YOU CANCEL A SUBSCRIPTION OR CHANGE YOUR MIND ABOUT A COURSE OR COACHING PROGRAM, WE WILL NOT REFUND ANY FEES OR CHARGES PAID PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OR TERMINATION EXCEPT:
AS REQUIRED BY LAW; OR
IN THE CASE OF AN ONLINE COURSE OR COACHING SESSIONS, IF YOU PROVIDE WRITTEN NOTICE OF CANCELLATION VIA EMAIL, REQUESTING A REFUND, WITHIN TEN (10) DAYS OF REGISTRATION, PROVIDED THAT YOU HAVE NOT ACCESSED ANY PORTION OF AN ONLINE COURSE OTHER THAN UNITS 1 AND 2, OR PARTICIPATED IN ANY COACHING SESSIONS. REFUND REQUESTS MUST BE SENT TO HT AT SUPPORT(AT)HUMBLEDTRADER.COM.
If HT terminates a course or other Subscription Product or cancels a coaching program, without cause, prior to the expiry of your subscription, users will be entitled to partial refunds of amounts paid for any portion of the subscription term or unused coaching sessions remaining after termination; provided, however that refunds will be calculated on the basis of full monthly rates, rather than discounted plan rates, being applied to any portion of the subscription or coaching sessions used prior to termination.
If HT terminates your right to access or use the Services or Content because of a breach by you of these Terms, HT will not refund any fees or charges paid prior to the effective date of termination.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE HT MATERIALS, AND ANY AND ALL RELATED CONTENT, PRODUCTS AND TOOLS, OBTAINED IN CONNECTION WITH OR AS PART OF THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, SECURITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE SITE, OR OBTAINED THROUGH THE USE OR SERVICES OR ANY HT MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HT MAKES NO WARRANTY THAT: (I) THE SERVICES OR ANY CONTENT, PRODUCTS, TOOLS, LINKED OR RELATED WEBSITES, INFORMATION OR OTHER MATERIALS DOWNLOADED, ACCESSED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE USE OF THE PRODUCTS, SERVICES OR ANY INFORMATION, CONTENT, TOOLS, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES, TOOLS OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; OR (IV) ANY ERRORS IN THE PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIALS WILL BE CORRECTED.
LIMITATION OF LIABILITY AND RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE HT MATERIALS, AND ANY AND ALL RELATED CONTENT, PRODUCTS AND TOOLS, OBTAINED IN CONNECTION WITH OR AS PART OF THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, SECURITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE SITE, OR OBTAINED THROUGH THE USE OR SERVICES OR ANY HT MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HT MAKES NO WARRANTY THAT: (I) THE SERVICES OR ANY CONTENT, PRODUCTS, TOOLS, LINKED OR RELATED WEBSITES, INFORMATION OR OTHER MATERIALS DOWNLOADED, ACCESSED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE USE OF THE PRODUCTS, SERVICES OR ANY INFORMATION, CONTENT, TOOLS, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES, TOOLS OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; OR (IV) ANY ERRORS IN THE PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIALS WILL BE CORRECTED.
LIMITATION OF LIABILITY AND RELEASE
THE USE OF HUMBLEDTRADER.COM, THE SERVICES AND ANY CONTENT, INCLUDING SUBSCRIPTION PRODUCTS AND COACHING SESSIONS, IS AT YOUR OWN RISK. YOU AGREE TO RELEASE AND HOLD HT, HT AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, COACHES, MENTORS, AGENTS AND CONTRACTORS (COLLECTIVELY, “HT RELATED PERSONS”) HARMLESS FROM ANY AND ALL LIABILITY FOR ANY LOSS (MONETARY OR OTHERWISE), DAMAGE (MONETARY OR OTHERWISE), OR INJURY (MONETARY OR OTHERWISE) THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF OR RELIANCE ON THE SERVICES, OUR PRODUCTS OR ANY OTHER CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SERVICES OR OUR PRODUCTS OR OTHER CONTENT, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF OUR PRODUCTS AND SERVICES, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND OUR CONTENT AND/OR TO CANCEL YOUR SUBSCRIPTION.
WITHOUT LIMITING THE FOREGOING, NEITHER HT NOR ANY HT RELATED PERSON IS OR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOSSES OF ANY KIND, HOWSOEVER ARISING, RELATING IN ANY WAY TO THESE TERMS, THE SERVICES, HT CONTENT, HT MATERIALS, OR ANY OTHER PRODUCT OR SERVICE ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, EVEN IF IT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHOULD HT BE HELD LIABLE DESPITE THE FOREGOING LIMITATIONS, YOU AGREE THAT HT’S AND ALL HT RELATED PERSONS’ TOTAL COLLECTIVE LIABILITY SHALL NOT EXCEED THE LESSER OF CA$100 OR THE TOTAL AMOUNT (IF ANY) ACTUALLY PAID BY YOU, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS) DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE PRODUCTS, SERVICES AND OTHER CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.
INDEMNITY
You agree to defend, indemnify and hold HT and all HT Related Persons harmless from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (i) your breach of these Terms, including the Privacy Policy; (ii) your access to or use (or misuse) of the Services, or of our or any other party’s Content or services; (iii) your use, submission or transmission of any User Submissions, Content or other materials; (iv) your use of or reliance upon, or publication, communication or distribution of any materials from any third party source; or (v) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You agree to use your best efforts to cooperate with us in the defense of any claim made against us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
GOVERNING LAW AND JURISDICTION; ARBITRATION
The Terms will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
Except as expressly provided herein, any dispute or claim (each, a “Dispute”) arising under or in connection with these Terms or our products or Services that cannot be resolved amicably, regardless of the date of accrual of the Dispute, will be resolved in its entirety by individual (not class-wide nor collective) binding arbitration in Vancouver, British Columbia, conducted pursuant to the British Columbia Arbitration Act SBC 2020 c.2 and the VIAC Rules of Procedure. The costs of the arbitration, including any administration fee, the arbitrator’s fee, legal fees and disbursements, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on any award may be entered in any court of competent jurisdiction. The arbitrator shall not have any power to alter, amend, modify or change any of the Terms nor grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator will not have the power to make any award or grant any remedy on the basis of equity. You agree that that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award will all be kept fully confidential and will not be disclosed to any other party, except to the extent necessary to enforce any arbitral award or other rights of the parties, or as required by law or court order.
Notwithstanding the above, you agree that we will have the right to obtain injunctive or other equitable relief in any court of competent jurisdiction in order to restrain or prevent infringement of, or loss or damage to our property, reputation, interests or assets.
You agree that any claim or action brought by you in connection with these Terms or your use of the Services, HT products or any Content must be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.
INTERNATIONAL USERS
The Services originate, and are owned and operated by parties having operations in British Columbia, Canada. Humbledtrader.com, its subpages and Content, and any related communications, videos and webinars, are intended for use only by persons residing within Canada. Any products and services offered through the Site or the Services are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You acknowledge and agree that if you access the Site from any jurisdiction outside of Canada, you are solely responsible for ensuring that you are in compliance with any and all laws, rules and regulations governing your use of the Site, the Services and our products. We do not make any representation that the Site or its Content is appropriate, permitted or lawful for use outside of Canada, and your use of it is at your own risk.
MINORS
The Services are not intended for or directed towards minors. Persons under the age of 19 (or age of majority in your jurisdiction of residence) may only use the Site with the express prior written permission of, and under the supervision of, a parent or guardian.
MISCELLANEOUS
These Terms contain the entire agreement between you and us governing your use of the Services. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.
Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
No use of the Services or any Content will create or be deemed to create any employment, partnership, joint venture, agency, franchise, fiduciary or other business relationship, even if your use is for a commercial purpose that has been authorized by us. You and HT shall, at all times, be and remain independent contractors.
The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.
HT may communicate with you by email or by posting notices on the Site. You consent to receive communications from HT electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Services, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.