Legal Disclosure
TERMS AND CONDITIONS
Dark horse Advisory Ltd. (“DH”) and its members, officers, directors, owners, employees,
agents, representatives, suppliers and service providers (collectively “DH”) provides this
website (the “Site”) for informational purposes only. Use of and access to the Site and the
information, materials, services, and other content available on or through the Site
(“Content”) are subject to these terms of use and all applicable laws.
SITE AND CONTENT NOT WARRANTED
THE SITE AND CONTENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. YOU BEAR ALL
RISKS ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY
RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE.
DH AND ITS EMPLOYEES, OFFICERS, DIRECTORS, , PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS
AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE
OF DEALING/PERFORMANCE OR USAGE OF TRADE.
MODIFICATIONS
DH may amend the terms of use at any time in its discretion, by posting revisions on the
Site.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE
SITE AND CONTENT. DH IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND
WITHOUT LIMITATION, DH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF
OR INABILITY TO USE THE SITE OR CONTENT.
While we try to maintain the integrity and
security of the Site and the servers from which the Site is operated, we do not guarantee
that the Site or Content is or remains secure, complete or correct, or that access to the
Site or Content will be uninterrupted or error free. The Site and Content may include
inaccuracies, errors and materials that violate or conflict with these Terms. Additionally,
third parties may make unauthorized alterations to the Site or Content. If you become aware
of any unauthorized third party alteration to the Site or Content, contact us at
info@harringtoninvestments.com with a description of the material(s) at issue and the URL.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent or agreement that you transmit on or
through the Site or any other aspect of DH’s services that you access by computer or other
electronic device, including internet, telephonic and wireless devices, including but not
limited to any consent you give to receive communications from us solely through electronic
transmission. You agree that, when in the future you click on a “Submit” or “I agree” or
other similarly worded “button” or entry field with your mouse, keystroke or other device,
your agreement or consent will be legally binding and enforceable and the legal equivalent
of your handwritten signature.
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT
You are permitted to use the Site and Content for your personal, non-commercial use only.
The Site and Content are and shall remain the property of DH and is protected by copyright,
trademark, patent, and/or other intellectual property, proprietary, work product rights and
laws. You may use the Site and Content for your personal, noncommercial use, provided that
you keep intact all copyright, trademark, patent and other proprietary notices. Except as
expressly authorized in advance by DH in writing, you agree not to reproduce, modify or
create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly
perform or display, reverse engineer, de-compile or dissemble, all or any part of the Site
or Content.
Trade names, trademarks and service marks of DH include, without
limitation, DH and any associated logos. All trademarks and service marks on the Site not
owned by DH are the property of their respective owners. Nothing contained on the Site
should be construed as granting, by implication, estoppel or otherwise, any license or right
to use any of DH’s trade names, trademarks or service marks without our express prior
written consent.
TERMINATION
DH, in its sole discretion, may terminate your access to or use of the Site and Content, at
any time and for any reason. Your access to or use of the Site and Content may be terminated
without notice. DH shall not be liable to you or any third party for any termination of your
access to the Site or Content, or to any such information or files, and shall not be
required to make such information or files available to you after any such termination.
RULES OF CONDUCT
Your use of the Site and Content is conditioned on your compliance with the rules of conduct
set forth here. You will not:
- Use the Site or Content for any fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content).
- Use the Site or Content to advertise or offer to sell or buy any goods or services without DH’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content.
- Modify, adapt, reverse engineer, de-compile/disassemble any part of the Site or Content.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or Content.
- Frame or mirror any part of the Site or Content without DH’s express prior written consent.
- Create a database by systematically downloading and storing Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
INDEMNIFICATION
By accessing and using the Site and Content, you agree to indemnify, defend and hold
harmless DH (specifically including its officers, directors, owners, partners, employees,
agents, information providers, licensors and licensees) (collectively, the “Indemnified
Parties”) from and against any and all claims, losses, costs and expenses (including
attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would
be a breach) by you of these Terms and (b) your use of or activities in connection with the
Site. We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. You shall not enter into any
settlement agreement which affects the rights of any of the Indemnified Parties or requires
the taking of any action by any of them, without our prior written approval.
JURISDICTIONAL CONTEXT
The Site is controlled and operated by DH from Canada, and is not intended to subject DH to
the laws or jurisdiction of any country or territory other than that of Canada. DH does not
represent or warrant that the Site or any part thereof is appropriate or available for use
in any particular jurisdiction other than Canada and only in those provinces and territories
where DH is registered or licensed or exempt from registration or licensing under applicable
law. In choosing to access the Site, you do so on your own initiative and at your own risk,
and you are responsible for complying with all local laws, rules and regulations. We may
limit the Site’s availability to any person, geographic area or jurisdiction.