本協議依據加拿大法律制定，請找專業人士翻譯。| This Agreement is written in accordance with the Laws of Canada. Please review the document carefully with the assistance of a professional translator, as required.
Lonecapital.com, is owned and operated by Wagas Investment Corporation. (“Wagas”, the “Company”, “We” or “Us”). Wagas, its owners, officers, directors, employees, insiders, company affiliates, joint ventures, contractors and agents (collectively, the “Company Affiliates”), are not licensed investment advisers, broker dealers, or financial analysts, nor do they belong to any financial advice or research groups.
Any content provided on lonecapital.com, its subpages, its affiliated emails, chatrooms or discussion groups (on lonecapital.com or otherwise), videos or webinars, including, without limitation, through the YouTube channel “LEI & LoneCapital”, and any other statements or communications provided by Wagas or by the Company Affiliates to the members, whether in writing, verbally, or by electronic transmission (collectively, the “Content”), are the opinions of the authors and should not be relied upon as personal financial advice. All Content provided by Wagas is intended for informational and educational purposes only for personal use and interest.
NO FINANCIAL ADVICE
Information contained in the Content is not intended to provide legal, accounting, financial, or tax advice and should not be relied upon in that regard. Please consult with your attorney, accountant, financial professional or other advisor with respect to your particular circumstances before acting on any information contained in the Content. You agree to view, access, and use the information in the Content at your own risk.
The Content is not intended as a promotion of any particular products or investments and neither the Company nor the Company Affiliates, in any way recommends or endorses any company, product, investment or opportunity which may be discussed therein. The Company may derive fees or other compensation as a result of purchases from service providers or vendors referenced in the Content and the Company or the Company Affiliates may have a financial or other interest within the meaning of the Securities Act (British Columbia) in certain of the securities which are discussed in the Content.
Every effort has been made to accurately represent the information contained in the Content. There is no guarantee that you will earn money or derive a benefit from using the methodologies, strategies, processes, techniques and ideas contained in the Content. Examples of specific assets, securities, stocks, options or other financial instruments and transactions found in the Content are for illustrative and educational purposes only and may not represent specific trades or transactions conducted. As mentioned above the Company or the Company Affiliates may have a financial or other interest in certain of the securities which are discussed in the Content.
The Content may contain information that includes or is based upon forward-looking information within the meaning of the Securities Act (British Columbia). You can identify these statements by the fact that they do not relate strictly to historical or current facts. They often include words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking information contained in the Content are solely intended to express our opinion of earnings potential, and the Company makes no guarantee that you will achieve any results through the use of the forward-looking information.
Investing in securities is speculative and risky and may not be suitable for all investors. You should carefully consider your investment objective, level of experience and risk appetite. Past performance is no indication or guarantee of future results. 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 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. Please consult with your attorney, accountant, financial professional or other advisor with respect to your particular circumstances.
TERMS OF SERVICE
By viewing, using or accessing any Content, you agree to be bound by these terms and conditions (the “Terms”). We reserve the right to update and change the Terms from time to time. Your use of the Content following notification of any such change constitutes your agreement to follow and be bound by the Terms as changed.
You must read, agree and accept all Terms before you use of the Content. If you do not agree to the Terms, you agree you will not access or use any of the Content.
ACCESS TO CONTENT
- The Content is not intended for or directed towards persons under 19 years of age. You must be 19 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Content.
- Except where not required, to access and use the Content, you must subscribe by providing a valid email address or register for a subscription account (“Account”) by providing the information indicated as required. You represent and warrant that all information provided to us is true, accurate, complete and current.
- The person or entity subscribing to and registering for the Content will be the contracting party (“Account Owner”) and will be the one authorized to use the Content and any corresponding account we may provide.
- If you are registering for the Content on behalf of a company, the company will be the Account Owner, and you represent and warrant that you have the authority to bind the company to our Terms.
- You are responsible for keeping your Account and password secure. We will not be responsible for any loss or damage from your failure to maintain the security of your Account and password.
- By creating an Account, you agree to:
(a) maintain only a single Account;
(b) provide accurate, complete and current information during the signup process;
(c) not share, rent, lease, transfer, assign, resell, provide access to, or sublicense your Account or otherwise disclose your user name or password or knowingly provide or authorize access to your Account to a third-party;｜
(d) not use another user’s Account without permission;
(e) be solely responsible for the activity that occurs on your Account, and keep your Account password secure; and
(f) notify us immediately of any breach of security or unauthorized use of your Account.
USE OF CONTENT
- You may use the Content only for your personal, non-commercial purposes and subject to the qualifications and statements set out in these Terms.
- You agree that you will not use the Content in any way to:
(a) engage in any illegal or unlawful activities;
(b) stalk, harass, threaten, or harm another individual;
(c) conduct any fraudulent activity;
(d) suggest, entice, divert or hire any users, contractors or employees to any competing business of the Company;
(e) express or imply that any statements and opinions you make are endorsed by us, without our prior express written consent; or
(f) modify, adapt, sublicense, translate, sell, reserve engineering, decompile, or disassemble any portion of the Content.
- You agree that you will not, in the course of viewing, accessing, or using the Content:
(a) restrict or inhibit any other visitor or user from using the Content;
(b) incite hatred or promote materials that violate any visitor and/or user’s rights;
(c) send unsolicited or unauthorized advertisements or content, including, without limitation, spam, chain letters, pop-ups, or other materials of a commercial nature to other users;
(d) solicit or advertise on the Content or add abusive or non-related linking to your own site;
(e) collect, store, or publish personal information or data about other users or visitors without their express written consent;
(f) share, disseminate, or distribute any Content, products or materials made available through your subscription and/or Subscription Products;
(g) “frame” or “mirror” any part of the Content without our prior written authorization;
(h) use any robot, spider, site search/retrieval application, or other manual or automatic device, process, or code to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Content or any information contained therein;
(i) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity or confuse other users or engage in inappropriate, unethical or misleading behavior;
(j) infringe any party’s intellectual property rights;
(k) interfere with or disrupt the integrity or performance of the Content;
(l) attempt to gain unauthorized access to any systems, networks or data;
(m) include or use profanity, vulgarity, obscenity or pornography;
(n) send spam or transmit any malware or viruses or other harmful computer code, files or programs;
(o) publish content that is defamatory to Wagas or its Company Associates; or
(p) infringe or be in violation of, as applicable, the terms of service of any third-party software contained in the Content or through which the Content is delivered, including, without limitation, the Microsoft Services Agreement with respect to the use of Microsoft Teams software and the WordPress Terms of Services with respect to the use of the lonecapital.com, its subpages, or any other Content hosted through WordPress software.
- We do not make any promises regarding the continuation of any Content or current features or functionality. We reserve the right to modify or terminate the Content for any reason, without notice.
- We reserve the right to refuse use or access of the Content to anyone for any reason at any time.
THIRD PARTY PLATFORMS AND CONTENT
- Certain links included in the Content connect to third-party sites and/or materials maintained by such third parties (the “Third-Party Materials”). Wagas has not verified the contents of such third party sites or materials and does not endorse, warrant, promote or recommend any services or products provided by the third party.
- Any provision of Third-Party Materials in the Content is not an endorsement of that third-party or any services or products they may offer, nor an authorization or representation of our affiliation with such third-party.
- You acknowledge that we do not exercise control or monitor any Third Party Materials. We cannot guarantee the accuracy, completeness or currency of any material and/or information provided by such third party. Your access of such 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.
- The Content may include certain information submitted by users, including without limitation, in the form of comments, articles, links and conversations (“User Submissions”). We do not endorse or support any opinion and/or comments expressed by any user.
- You are responsible for all User Submissions and activities undertaken by you and by your Account, regardless whether such activity is undertaken by you or by another party.
- We reserve the right, without further notice to you, to:
(a) monitor, censor, edit, move, or remove any User Submissions at any time if we determine in our sole discretion are unlawful, unauthorized, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties’ intellectual property or these Terms; and
(b) if applicable, remove you from any discussion group or chatrooms on which the User Submissions were posted, uploaded, or communicated, including, without limitation, on our website and on Microsoft Teams.
- By posting or uploading any such User Submissions, you allow users to view such posts and uploads and grant Wagas an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute in any and all media or distribution methods (now known or later developed). You agree that we will not be responsible for any and all alleged or actual infringement or misappropriation of any proprietary rights you may have in your User Submissions.
- You acknowledge that you are obtaining only a limited right to use and access the Content. Irrespective of any use of the words “purchase”, “sale” or like terms hereunder, no ownership rights are being conveyed to you.
- The Content, materials, information, graphics, programs and all related and underlying technology, documentation, work product, tools, designs, methodologies, processes, applications, techniques, ideas, know-how and all derivative works, modifications, improvements, updates, or additions of the foregoing as well as all comments, questions, suggestions, feedback and any copyrights, trademarks, service marks and other intellectual property rights (collectively the “Company Materials”), are the property of the Company, and if applicable, Company Affiliates and any third-party licensors or providers unless otherwise specifically stated. The Company, Company Affiliates and third-party licensors reserve all rights, title and interest in and to such materials. You agree that the Company owns and will retain all right, title, and interest in and to the Company Materials. All goodwill accruing from your use of the Company Materials will enure solely to the benefit of the Company.
- You agree you may not, and will not permit or assist any third party, to:
(a) reverse engineer, decompile or disassemble any of the Company Materials and any and all related Content, or otherwise seek to obtain the source code or non-public APIs to any of the Company Materials;
(b) combine or integrate the Company Materials with hardware, software or other technology or materials not provided by us;
(c) modify or create any derivative works from any of the Company Materials;
(d) copy, reproduce, republish, upload, post, transmit, share or distribute in any manner the Company Materials; or
(e) remove or obscure any copyright, proprietary or other notices contained in any Company Materials.
- The Company has the right, in its sole discretion, to file, prosecute, and maintain all applications, registrations, trademarks, copyrights, and patents relating to the Company Materials.
- You agree to pay for all fees with respect to the subscription product you have selected to purchase (the “Subscription Product”). You will be charged immediately for the entire period of the subscription at an amount equal to the then current subscription fee and you accept responsibility for all recurring fees until you cancel your subscription.
- 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 authorize us to charge the applicable recurring subscription fees to any credit card you have on file with us or any replacement card.
- 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.
- 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 a valid replacement credit card.
- You will notify us about any billing problems or discrepancies within 30 days. If you do not bring them to our attention within the 30 days, you waive your right to dispute such problems or discrepancies.
- We may at any time change any our fees, with or without notice to you, or institute new charges or fees. Fee changes and new charges will not apply to any current subscription members but only to new members and subscription renewals after the effective date of the fee change. Any renewal of an existing Subscription Product after a fee change shall be subject to the new charges or fees.
The Subscription Products will be set to automatically renew upon expiration of the term. Unless you cancel your subscription within the current billing cycle, your account will be automatically renewed for the same term. At the time of renewal, you will be charged the then current fee for the subscription.
SUSPENSION OF CONTENT
- We reserve the right to suspend your Account, Subscription Product and/or access to the Content and any related support, without liability to you, if
(a) you fail to pay any outstanding amount within 5 days after receiving such payment reminder; or
(b) you have breached any of your obligations under these Terms.
- Prior to suspending your access for breach, we will use reasonable efforts to provide you with notice and a reasonable opportunity to cure, unless we reasonably determine, at our sole discretion, that such breach may cause harm to other users or threaten the security or integrity of the Company, the Company Affiliates, the Company Materials, the Content, or any third party, in which case suspension may be immediate.
- During any suspension period:
(a) your rights, duties and responsibilities under this Agreement will continue in full force and effect;
(b) all fees and charges payable by you will remain due and payable; and
(c) no refund, credit, or reimbursement will be provided for any period of suspension.
- Our right to suspension is in addition to any of our other rights or remedies, including but not limited to any termination rights provided herein.
CANCELLATION AND TERMINATION
- You may cancel your Subscription Product at any time by logging into lonecapital.com and following the cancellation procedures in the member portal. If you cannot cancel using this method, please email us with a request to cancel your Subscription Product.
- Upon cancellation of your Subscription Product (the “Cancellation Date”):
(a) we will cease providing you the applicable Content associated with the Subscription Product;
(b) your automatic subscription renewal will be cancelled and you will no longer have access to the Subscription Product;
(c) if applicable, any outstanding balances owed to us for your Subscription Product during any period up to the Cancellation Date will be immediately due and payable in full; and
- (i) you are paying for your Subscription Product on a monthly basis, you will not be entitled to a refund for any amounts prepaid by you for the period after the Cancellation Date and before your original Subscription Product termination date; or
- (ii) you have paid for your Subscription Product on an annual basis, we will provide you with a partial refund for any amounts prepaid by you for any full calendar months remaining in your Subscription Product after the Cancellation Date, if any.
- We reserve the right to cancel your Account, the Subscription Product, subscriptions and your access to the Content at any time, with or without written notice if:
(a) you are in material breach of the Terms or any other Wagas agreements or guidelines, and in the case of a breach capable of remedy, fails to remedy such breach within 5 days of receipt of written notice giving full particulars of the breach and the steps required to remedy it;
(b) you are subject to winding-up or has had a receiver or administrator appointed to manage your affairs; or
(c) a request is made by law enforcement or other government or regulatory authorities.
- Cancellation of your subscription and Account by the Company will not relieve you of any obligations under these Terms.
DISCLAIMER OF WARRANTIES
Except for the limited warranties set forth in the Terms, the Content, the Company Materials, and any and all related information, products, tools, obtained via or as part of the Content or Company Materials or information are provided on an “as is” and “as available” basis and without representations or warranties of any kind, either express or implied, to the fullest extent permitted by applicable law. We expressly disclaim to the fullest extent possible permitted by law all 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 Content and Company Materials. The Company is not responsible for any errors or omissions of any Content.
WAIVER OF CLAIMS
WE EXPRESSLY DISCLAIM AND DISCLOSE AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
- We are not licensed investment, financial, tax, or legal advisors, or broker-dealers and do not purport to provide personalized investment, financial, tax, or legal advice in any form. We do not recommend the purchase or sale of particular securities nor do we promise or guarantee any particular investment results.
- We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of the Content and Company Materials.
- You understand and acknowledge that there is a high degree of risk involved in trading securities and, in particular, in trading futures, options and penny stocks. You acknowledge and agree that you, and not us, are solely responsible for your own investment research, due diligence and decisions. You acknowledge it is your responsibility to seek the advice of a qualified securities professionals and/or tax or legal advisers, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. We strongly advise that you check with your licensed financial, investment, legal, or tax adviser to determine the suitability of any investment.
- Past results of any individual trader or trading system published by us are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. The methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Content, are provided for informational and educational purposes only and should not be construed as investment advice. You should not rely on any information provided by us in making any investment. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be intended to be a promise or guarantee of any particular result.
- We and our Company Affiliates assume no responsibility or liability for your trading and investment results and you agree to hold us and our Company Affiliate harmless for any such results or losses.
LIMITATION OF LIABILITY
- THE USE OF THE CONTENT IS AT YOUR OWN RISK AND YOU AGREE TO HOLD WAGAS, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS HARMLESS AND TO COMPLETELY RELEASE THEM FROM ANY AND ALL LIABILITY DUE TO ANY AND ALL, LOSS, DAMAGE, OR INJURY THAT YOU MAY INCUR AS A RESULT OF YOUR USE OR RELIANCE ON THE CONTENT. NONE OF THE CONTENT PRESENTED NOR ANY STATEMENT OR EXPRESSION OF OPINION, OR ANY OTHER MATTER HEREIN, DIRECTLY OR INDIRECTLY CONSTITUTES A REPRESENTATION BY WAGAS NOR A SOLICITATION OF THE PURCHASE OR SALE OF ANY SECURITIES.
- NEITHER THE COMPANY, AND ITS OWNERS, SUBSIDIARIES, COMPANY AFFILIATES, JOINT BUSINESS VENTURES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND CONTRACTORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOSSES OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY CONTRACT, NEGLIGENCE, STRICT LIABILITY, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, ANY OF THE CONTENT AND COMPANY MATERIALS (OR ANY OF THE CONTENT CONTAINED THEREIN), ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL WAGAS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE SELLER PURSUANT TO THIS AGREEMENT IN THE 6 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
- You agree to indemnify and hold harmless the Company, its owners, subsidiaries, Company Affiliates, joint business ventures and their respective directors, officers, shareholders, employees, agents, and contractors, harmless for any and all losses against all claims, demands, actions, damages, loss, liabilities, fines, orders, penalties, costs, judgements, and expenses whatsoever (including any reasonable legal fees and disbursements) which may be paid by, incurred by, or asserted against us arising from or in connection with your:
(a) breach of any representation or warranty;
(b) breach of or failure to comply with any Terms;
(c) use or reliance upon any of the Content;
(d) use of, access to or other activity engaged in, on, through, related to or in connection with the Content or Company Materials;
(e) violation of the rights or interests of any third party in connection with your use of the Content or Company Materials or any third-party platform or content; and
(f) User Submissions.
We will have the sole right to defend and settle any claims using counsel of our choosing and you will reasonably cooperate with us in the defense and settlement of any claim.
Neither party will be liable for any delay or failure to perform its obligations under the Terms where such delay or failure is due to fire, flood, explosion, war, embargo, terrorism, labour disputes, governmental action, acts of public authority, pandemic (including the COVID-19 pandemic), civil unrest, power outages, blockades, shortage of power or transportation facilities, Acts of God or any other cause beyond its control.
The failure of either party to enforce or to exercise at any time or for any period, any term or any right pursuant to the Terms will not be construed as a waiver of any such term or right and will in no way affect that party’s right later to enforce or exercise it.
If any term is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability will not affect the other provisions of the Terms which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
The Terms will constitute the entire understanding between the parties and will replace any and all previous agreements, arrangements, representations and contracts, whether verbal or in writing, express or implied.
GOVERNING LAW AND JURISDICTION
- Wagas is owned and operates within Canada. The Content is intended for use only by persons residing within Canada. You acknowledge and agree that if you access the Content from any jurisdiction outside of Canada, you are solely responsible for ensuring you are in compliance with all and any laws of such jurisdiction from which you access the Content. We do not make any representation that the Content available on it is appropriate, permitted or lawful for use outside of Canada and your use of it is at your own risk.
- This Agreement will be governed by the laws of the province of British Columbia and the laws of Canada applicable therein. Any claims under this Agreement or otherwise related to the Content will be resolved by a court of competent jurisdiction in British Columbia.
- Notwithstanding the above, you agree that we will be allowed to apply for injunctive remedies in any jurisdiction for any actual or alleged infringement of the Company, the Company Affiliates or any third party’s intellectual property or other proprietary rights.
- Except as otherwise provided herein, you agree that any controversy or claim whether at law or equity, arising out of or related to the use and provision of the Content, regardless of the date accrual of such dispute, will be resolved in its entirety by individual (not class-wide nor collective) binding arbitration under the provisions of the Arbitration Act (British Columbia), as amended or replaced from time to time. 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.
LEI & LoneCapital
Updated on May 13, 2021