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PRO FARMER CANADA SUBSCRIPTION
THIS AGREEMENT IS VERY IMPORTANT. PLEASE READ IT CAREFULLY.
IT SETS FORTH YOUR RiGHTS, RESPONSIBILITY AND OBLIGATIONS
AND PRO FARMER CANADA'S RIGHTS, RESPONSIBILITY AND
Your receipt and confirmation of these terms is done by you in the following manner.
a) by your typing/clicking on the words "I accept' at the end of this agreement.
1. Scope of Agreement: Under the terms of this Agreement ("Agreement"), Pro Farmer
Canada ("PFC", or "its") provided or arranges to make available on-line commodity
marketing information (the "Service") to its registered subscribers or authorized users
("you", "your" or "subscriber"). By registering as a subscriber and each time you use this
Service, you accept and agree to be bound by this Agreement. The term "use" means the
use and availability of, access to, transmission to or from or any exchange of information
or communication in connection with or arising from the Service. "We" and "us" means
both PFC and you the subscriber.
The effective date of this Agreement is when you accept this Agreement in accordance
with the procedure set out herein.
This Agreement constitutes the entire ageement between you and PFC and supercedes
any other communication between us. You agree that whenever new products or services
become available, your use will be subject to this Agreement unless PFC notifies you
otherwise. PFC shall have the right to change these terms and conditions or require new
terms at any time. These changes or additions shall be effective no later than thirty (30)
days after notification has been given to you by any means which give you actual
knowledge of them ("effective date"). If any change is not acceptable, you may
terminate your subscription, but your use of the Service following the effective date of
any change will constitute your acceptance of all changes.
2. Subscription Information: You will agree to provide PFC with accurate and
complete registration information and to let PFC know if any changes occur. When you
register as a subscriber, you will receive a username and password which PFC may
assign or allow you to select.
3. Rates and Charges: You may obtain current subscription rates and charges for
PFC's Service by contacting Pro Farmer Canada by telephone at 204-654-429O or by
email at email@example.com. Payment for your subscription is due annually.
You agree that this Service is for your individual use.
You are responsible for all charges associated with or arising from your subscription,
your username and/or password. Sales, use, value-added, or other governmental tax,
duties, fees or levy imposed on goods or services may be added and billed to your
account as applicable and you are responsible for these.
Since you may have signed up for services that require payment by providing a credit
card number, you agree that PFC may charge your credit caad account for the Service
annually on a regular billing cycle. Your separate agreement with the institution
maintaining your account describes any and all of your rights and liabilities associated
with your account.
PFC RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME,
TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS OR
SEPARATE CHARGES FOR INFORMATION OR SERVICES PROVIDED BY
OR THROUGH IT OR YOUR USE OF THE SERVICE. YOU WILL BE
NOTIFIED OF CHANGES IN ADVANCE AND IF ANY ARE NOT
ACCEPTABLE, YOU WILL HAVE THE RIGHT TO TERMINATE YOUR
SUBSCRIPTION AS DESCRIBED HEREIN.
4. Rights and Responsibilities: The Service and the data and information contained
therein is protected by copyright, international treaty provisions and other intellectual
property laws. You agree not to copy, rebroadcast, redistribute, or redissernenate the
Service or the information and data contained therein without previously obtaining the
express written consent of Pro Farmer Canada. You agree not to violate PFC's rights or
the rights of any third party who may contribute the date or information to the Service.
You agree that the Service and the data and information contained therein will not be
used for any unlawful purpose. Pro Farmer Canada reserves the right to refuse access to
the Service if you violate these agreements.
5. Limited Liability and Warranty: You are entirely liable for activities conducted by
you or anyone else in connection with your subscription and use of the Service. You
have an obligation to keep your username and password secret and not disclose it to
others. You may not allow others to use the Service, your subscription, username or
password. If you do so, you (i) assume all responsibility and liability arising from or
associated with such use; and (ii) indemnify and hold PFC, and or its servants, and or its
employees, and or its officers, and or its agents, harmless for any such use.
Pro Fanner Canada uses various systems in its analytical approach. They represent
historical analysis using data that is deemed to be reliable. Historical occurrences,
however, are not necessarily indicators of future results. The material also does not
represent the complete analysis required to initiate a positionn. Other factors, such as
fundamental, technical and market sentiment analysis must be considered before entering
a trade. Market Sentiment Aaalysis is defined as a view based on a feeling or emotion
rather than reason
Persons involved in the preparation or issuance of this material may, from time to time,
have a position in the securities mentioned herein which may affect their objectivity and
conclusions. PFC does not warrant and has no liability for the accuracy, completeness,
timeliness or other characteristics of any material available on or through PFC's Service.
The information is provided without liability and or responsibility howsoever arising on
the part of PFC, its servants, and or its employees, and or its officers, and or its agents.
PFC will not be liable to you or anyone else for any loss or injury resulting directly or
indirectly from the use of its Service, whether or not caused in whole or in part inter alia
by PFC's negligence, gross negligence, mistakes, or by contingencies beyond PFC's
control. Neither PFC nor its suppliers are responsible or liable, directly or indirectly, for
any loss or damage whatsoever arising or caused or alleged to have been caused by use of
or reliance on any of our Services or information.
YOU AGREE YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. PFC DOES NOT GUARANTEE
SUBSCRIIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT A
TIME OR PLACE OF THEIR CHOOSING.
7. Indemnification: AT PFC's request, you agree to defend, indemnify and hold its
employees, agents, officers, directors, contractors, suppliers and other representatives
harmless from and against all liabilities, damages, claims, actions, costs and expenses
(including attorneys' fees), in connection with or arising from your breach of this
Agreement and or your use of the Service. PFC may, to the extent necessary to protect
its interest, participate in the defense and handling of any demand, claim or action and
any negotiations for settlement or compromise. No settlement or compromise which may
adversely affect PFC's rights or obligation shall be made without prior written approval.
PFC reserves the right, at its own expense, to assume exclusive defense and control of
any matter subject to indemnification by you hereunder.
8. Termination and Return Policy: Your subscription may be terminated at any time.
If you are dissatisfied with PFC or its Service, termination of your subscription
is your sole right and exclusive remedy as no refunds wil be offered.
PFC can terminate this Agreement, restrict or terminate your access to and
use of the Service immediately and without notice or liability, if you breach this Agreement,
if you fail to make payment, if your access or use, in PFC's sole discretion,
violates any law or regulation, any prohibitions on your conduct or otherwise
inhibits any other user from enjoying the Material or the Service.
PFC may refuse access to the Service to you, cancel your subscription
and keep the balance of any monies held by PFC to your credit.
You can terminate your subscription by contacting the Pro Fanner Canada
office through phone or email. Any delinquent or unpaid subscriptions
must be paid in full or otherwise resolved to PFC's satisfaction before
you may re-register or re-subscribe to PFC's Service.
If your subscription or right to use the Service terminates for any reason, you may not use
the Service without express written or confirmed electronic mail permission. You may
not allow anyone else whose subscription was terminated by PFC to use the Service
through your subscription, username or password.
9. Governing Law and Interpretation: This Agreement will be governed the Laws of
the Province of Manitoba, without reference to conflict of laws principle. If any term of
this Agreement is held invalid, illegal or unenforceable it shall be severed from this
Agreement, all without affecting the remaining provisions of this Agreement which shall
continue unimpaired. It is your responsibility to ensure your compliance with all laws,
regulations, obligations and restrictions that may apply to you.
10. Privacy Statement: PFC does not rent, trade, sell or exchange customer/subscriber
writing to Mike Jubinville at Pro Farmer Canada, c/o 14 Wilfred Knowles Bay,
Winnipeg, Manitoba, R2G 3M8, or by email at mike @pfcanada.com or by telephoning
Mike Jubinville at Pro Farmer Canada 204-654-4290.
(i) The parties to this Agreement will at all times keep confidential information acquired
in consequence of it, except for information which they may be entitled or bound to
disclose under compulsion of law, or where requested by regulatory agencies, or to the
parties' professional advisors where reasonable necessary for the performance of their
(ii) The Service and information provided by PFC is for private use only and is furnished
without responsibility on the part of PFC and or its servants, employees, and or its
12. Your Due Diligence: You acknowledge that you are responsible for your investment
decisions as well as for any profits or losses that may arise. You further acknowledge
that before making any investment decisions that you should do your own due diligence
and check other reputable sources for information. You acknowledge that you are
advised and encouraged to do your own due diligence by PFC.
13. How to Contact Us: Mike Jubinville at Pro Farmer Canada 204-654-4290 or send an
email to firstname.lastname@example.org or write to Pro Farmer Canada, c/o 14 Wilfred Knowles
Bay, Winnipeg, Manitoba, R2G 3M8, attention to Mike Jubinville.
14. Liability and Warranty: Pro Farmer Canada is for informational purposes only.
Pro Fanner Canada, its servants, its employees, agents and or officers do not make or
give any representation and or warranty of any kind whether express or implied, statutory
In no event will PFC, its servants, and or its employees, and or agents be liable for any
direct, indirect, incidental or consequential damages, or any other type of damages,
howsoever caused by any cause whatsoever including but without limitation:
i) breach of contract, statement misrepresentation and whether made
mistakenly or innocently or negligently in relation to the contract or
information supplied in its Service;
ii) tortious conduct and or tortious statements, negligently, and or gross
negligently and or innocently done or made.
The type of damages including but without limitation being lost profits, lost savings,
punitive and or exemplary and or aggravated and or economic damages, costs, expenses
and legal expenses and legal costs, and whether such losses or damages arise from any
act or omission of PFC and or its agents and or its employees and or its officers, arising
out of the products or Service provided by PFC by virtue of this Agreement.