TERMS OF SERVICE
PLEASE READ CAREFULLY
TERMS OF SERVICE FOR STOCK TRADING ACADEMY
These TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Customer” or “you”) and Stock Trading Academy, a Canadian corporation (“Company” or “Stock Trading Academy”), regarding the terms under which Stock Trading Academy will provide you access to its course videos, systems, software and/or other course materials.
BY SELECTING THE BOX MARKED “I HAVE READ AND AGREE TO THE TERMS OF SERVICE” and CLICKING ON THE BUTTON MARKED "SIGN UP” CUSTOMER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE. Customer agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Customer. Please print a copy of these Terms of Service for future reference.
- “Course” - refers to a right to use the applicable portion of the Course Website and Content as a Customer, as described on the public portion of the Course Website located at com for one of the courses made available by Stock Trading Academy;
- “Content”- refers to content and materials made available via the Course Website (including but not limited to, all information, manuals, software, data, text, displays, images, video and audio, and the design, selection and arrangement thereof, and any documentation pertaining to the foregoing).
- “Customer”- refers to an individual that has the right to access the Course Website and has paid the Course Fee. A Customer must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Customer resides, and possess the legal right and ability to enter into binding contracts.
- “Course Fee” - the fees payable by Customer in connection with the Course as set forth in Section 6 below.
- “Course Term”- means the period of time that a Customer may utilize the applicable portion of the Course Website to access the Course for which the Customer has enrolled.
- “Course Website”- means Stock Trading Academy’s website, including the applicable portion available only to Customer after the Effective Date, and all information, content, concepts, program interfaces, systems, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Stock Trading Academy 's website located at com
- “Effective Date” - refers to the date that Stock Trading Academy confirms Customer’s enrolment in a Course.
- “Virus”- means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2. CUSTOMER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
- Subject to these Terms of Service, you will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access, during the Course Term, that portion of the Course Website for the specific Course you’ve selected. By agreeing to grant such access, Stock Trading Academy does not obligate itself to maintain the Course Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Course and/or the Course Website at any time in its sole discretion without prior notice.
- The Company reserves the right to deny a Customer access to the Course Website if, in the Company’s sole discretion, Customer has failed to abide by these Terms of Service or appear likely to do so.
- Customer promises, acknowledges, and agrees that:
- Access privileges may not be transferred or divulged to any third-parties;
- It will not access, store, distribute or transmit any Viruses;
- It will comply with all applicable laws and regulations and these Terms of Services with respect to use of the Course and the Course Website;
- It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Course, Content or any component thereof;
- It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- It will only use the Course Website for its intended use, and will not attempt to gain access to, or otherwise access any portion of the Course Website or Company’s systems, network or servers that are not intentionally and/or explicitly made available as part of the Course;
- It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Course, Content or any portion thereof unless specifically authorised by Stock Trading Academy;
- It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Course Website or contained in the Course;
- It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Course and the Content;
- It will not use the Course in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
3. AVAILABILITY OF WEBSITE.
Customer recognizes that the traffic of data through the Internet may cause delays during the download of information from the Course Website and accordingly, it shall not hold Stock Trading Academy liable for delays that are ordinary in the course of Internet use. Customer further acknowledges and accepts that the Course Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by Stock Trading Academy's upgrading, modification, or standard maintenance of the Course Website.
4. INTELLECTUAL PROPERTY RIGHTS.
- The Course, Course Website and Content are owned by the Stock Trading Academy, its licensors or other providers of such material, and are protected by all applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- No right, title or interest in or to the Course or any portion thereof, is transferred to any Customer, and all rights not expressly granted herein, are reserved by Stock Trading Academy.
- Stock Trading Academy’s name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Stock Trading Academy or its affiliates or licensors. Customer may not use such marks without the prior written permission of Stock Trading Academy. All other names, logos, product and service names, designs and slogans on the Course Website are the trademarks of their respective owners.
5. COMPANY OBLIGATIONS.
The Company will use commercially reasonable efforts to enable the Course to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Course contrary to the Company's instructions, or modification or alteration of the Course by any party other than the Company. If the Course is in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
6. FEES AND PAYMENT.
- Course Fee. Customer agrees to pay the appropriate fee corresponding to the Course (“Course Fee”) that it wishes to access for the applicable Course. Unless otherwise expressly stated in writing, all fees are non-cancellable and non-refundable.
- Payment Details. Customer agrees to pay the Course Fee prior to the Effective Date via PayPal. If, for any reason, Company does not receive the Course Fee, Customer agrees that Company may, at its option, suspend or terminate Customer’s access to the Course and require Customer to pay the overdue amount by other means acceptable to the Company. Unless otherwise expressly stated, all fees are stated in Canadian dollars.
- Taxes. Customer is responsible for all applicable sales, use, transfer or other taxes and all duties, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
7. TERM AND TERMINATION.
- Access to Course. Customer will have access to the Course commencing on the Effective Date and for the Course Term as described on the Course Website.
- Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Course for violation or suspected violation of these Terms of Service.
- Effect of Termination. Customer will have no further rights to access the Course Website or Content. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
Customer agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Course, including but not limited to, the Course Website and Content.
9. DISCLAIMERS OF STATEMENTS/WARRANTIES.
CUSTOMER’S USE OF THE COURSE OR ITEMS OBTAINED THROUGH THE COURSE IS AT ITS OWN RISK. THE COURSE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE COURSE OR THE COURSE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE COURSE OR ITEMS OBTAINED THROUGH THE COURSE OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COURSE OR THE COURSE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSE OR ITEMS OBTAINED THROUGH THE COURSE WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES, WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Customer agrees to compensate and defend fully the Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Customer of any representation, warranty, covenant, obligation or duty of Customer under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Customer may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
Customer acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Customer from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
15. GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the Province of Quebec, without regard to the principles of conflict of laws thereof. Customer agrees and accepts that any legal action or proceeding shall be brought in the courts for the Province of Quebec, Judicial district of Montreal.
Legal notices may be sent to email@example.com (if by email), or Stock Trading Academy Attn: Legal Department, 486 Saint-Catherine St W #409, Montreal, QC H3B 1A6 (if by conventional mail). Notices to Customer may be sent either to the email or address supplied by Customer as part of its registration data. In addition, Company may broadcast notices or messages through the Course Website to inform of changes to the Course Website, Service or other matters of importance, and such broadcasts shall constitute notice to Customer to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Course Website.
17. FORCE MAJEURE.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
18. NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
20. WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Customer’s obligations under any of these Terms and Conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Customer from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Customer in writing.
The parties have requested that this Agreement and all materials relating to the Course and Course Content be drafted in English. Les parties aux présentes ont exigé que ce contrat et toutes documentation afférente au services soient rédigés en anglais.
22. COMPLETE UNDERSTANDING.
These Terms of Service constitute the sole and entire agreement between Customer and Company with respect to any Course and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Course.