Your use of the Services, including through a visit to the Website, constitutes your acceptance of this agreement. Therefore, please take the time to review the terms carefully.
If you do not agree with some or all of these terms, do not access or use the WEBSITE OR THE SERVICES.
Accordingly, the parties agree as follows:
The Website is provided for general information only. Although Open Daily uses reasonable commercial efforts to ensure that the information contained on the Website is accurate, Open Daily does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Website.
This Website does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through the Website. Nor does this Website constitute an offering or recommendation by Open Daily of any security, investment management service, or advisory service. In this regard, you understand that Open Daily is not registered as an investment adviser, broker-dealer or other financial or securities professional with any financial or securities regulatory authority. Open Daily does not provide investment advice, tax advice, or legal advice through this Website, and you agree that this Website will not be used by you for such purposes. To the extent that anything on the Website may be regarded as investment advice or the recommendation of a particular security of Open Daily, such information is impersonal and is not tailored to the needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Website will not contain a list or description of relevant risk factors. Open Daily does not represent that the securities, products, or services discussed on or accessible through, this Website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this Website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.
All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market or material events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data and information concerning Open Daily.
These Terms provide only a limited license to access and use the Website. Accordingly, Open Daily does not transfer any ownership or intellectual property interest or title in or to the Website to you or anyone else in connection with your use of the Website. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website (collectively, the “Materials”) are exclusively owned, controlled, or licensed by Open Daily. Names, logos, marks, and icons identifying Open Daily and its products, or services are owned exclusively by Open Daily, and any use of such names, logos, marks or icons without the prior express written permission of Open Daily is hereby expressly prohibited. Other trademarks or service marks identified on or through the Website may be the trademarks or service marks of third parties. No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. The Materials may be protected under copyright, trademark and other laws of Canada and other countries, and Open Daily owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
For any content that you submit on the Website or through any social media platform, you grant Open Daily a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the Website (or any social media platform) may be used at Open Daily’s sole discretion. Open Daily reserves the right to change, condense or delete any content on the Website (or any social media platform) that Open Daily deems, in its sole discretion, to violate any provision of these Terms. Open Daily reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Open Daily, are responsible for the contents of your submission. None of the content that you submit will be subject to any obligation of confidence on the part of Open Daily, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers and employees.
By submitting content to the Website or through social media, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content. You must not submit, publish or otherwise disseminate to Open Daily or through the Website (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
The Website may contain links to other web Websites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Open Daily of the linked web Website or information contained therein. Your use of such Websites and your dealings with the owners or operators thereof are at your own risk.
The Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
The Website, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by Open Daily. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN DAILY AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF OPEN DAILY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT WILL BE OBTAINED THROUGH USING THE WEBSITE, THE MATERIALS OR THE SERVICES. Without limiting the foregoing, we do not represent or warrant that the Website, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Website, or inability to do any of the foregoing.
Your use of the Website, the Services and Materials is undertaken at your own risk. To the extent not prohibited by applicable laws, under no circumstances will Open Daily or any directors, officers, employees, agents, contractors and suppliers of Open Daily, be liable for any general, direct, incidental, special, exemplary, consequential, indirect, or punitive damages arising out of your access to or use of the Website, the Services or the Materials, your reliance on the Website, the Services, or the Materials, or any consequences flowing therefrom. Open Daily is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, DIRECT, INDIRECT SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Website, the Services or the Materials or with this Agreement, your sole and exclusive remedy is to discontinue using the Website, the Services, or the Materials, as applicable.
You shall indemnify and save harmless Open Daily and all directors, officers, employees, agents, contractors and suppliers of Open Daily from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Website, the Services or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Website and the Services.
This Agreement and your use of the Website, the Services and/or the Materials are governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further acknowledge that despite being available from a variety of jurisdictions, the Website, the Services and the Materials will be deemed solely based in the Province of British Columbia, Canada and that the Website, the Services and the Materials will be deemed to be passive in nature and not giving rise to personal jurisdiction over Open Daily in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Website, the Services or the Materials or this Agreement. Nothing in this Agreement precludes Open Daily’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of Sections 1, 2, 4, 5, and 6 and Sections 7-13 will survive termination of this Agreement, howsoever occasioned.
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Website, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify you of any change to this Agreement by posting notice of such change on the Website. Your continued use of the Website following notice of such change means that you agree to and accept the amendments.
Questions about the Website, or regarding your rights and responsibilities under this Agreement, can be directed to email@example.com.
Last modified: May 24, 2022