Terms of Use

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Last Updated February 28, 2015

Terms of Use

These Terms of Use shall govern your use of the 50Hurdles.com website, including all updates, new versions or new releases thereof (collectively and individually referred to herein as the “Website”). The Website is owned by Transitus Publishing Inc. (“Our”, ‘We” or “Transitus”). The data contained in the Website, including content that is in the public domain when it is first added to the Website and the books, newsletters and other external materials associated with 50Hurdles.com are collectively and individually referred to as “Content”. Content that is not in the public domain when it is first added to the Website is collectively and individually referred to herein as “Our Content”. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING AND/OR DOWNLOADING THE WEBSITE AND CONTENT YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MAY NOT USE, ACCESS OR DOWNLOAD THE WEBSITE OR ITS CONTENTS.

  1. We reserve the right to change Our Terms of Use and/or to modify, discontinue, disable or terminate the Website (or any part or feature thereof) at any time, without prior notice. If we make changes to Our Terms of Use we will post an updated version on the Website or provide you with notice of the change. Your continued use of the Website following the posting of such updated version constitutes your acceptance of any changes to the Terms of Use. Please check the Terms of Use area on the Website from time to time to keep apprised of any such updates.
  1. Registration data and any other information we obtain about you will be used in accordance with our Privacy Policy. By submitting information to us as part of any Registration, you consent to the transfer of such information outside of your country. We reserve the right to access and disclose any information about you (including personal data given in your Registration) in order to comply with applicable laws, regulations, court orders or lawful governmental requests; to operate our systems properly; and to protect our rights and the safety or interests of others, at our sole discretion.
  1. Transitus asserts proprietary rights to all of Our Content.
  1. THE IDEAS AND OPINIONS EXPRESSED IN OUR CONTENT, ANALYTIC POSTS, DISCUSSION POSTS, GLOSSARY TERMS, NEWSLETTER COMMENTARIES, QUESTION AND ANSWER POSTS AND IN NEWSLETTERS, EMAILS AND OTHER MATERIALS ASSOCIATED WITH THE WEBSITE ARE SOLELY THOSE OF THE AUTHOR(S) WHO GENERATE OUR CONTENT (collectively, the “Authors”).
  1. Your use of Content is restricted for internal, personal, and non-commercial use, except that you can redistribute Our Content so long as (1) Our Content opens in a new browser window that links to Our Content on our 50Hurdles.com website (2) you do not ‘frame’ or otherwise capture Our Content in any manner external to 50Hurdles.com, and (3) you display and do not otherwise infringe the copyright or other intellectual property rights of Transitus or any of our Authors.
  1. Content does not provide business transition (succession) advice, business valuation advice, investment advice or recommend securities. Content is an information source for persons interested in reviewing and considering views and opinions on business transition (succession), business valuation, world and country specific economic conditions, financial markets, and resources. For certainty, CONTENT DOES NOT CONSTITUTE BUSINESS TRANSITION (SUCCESSION) ADVICE, BUSINESS VALUATION ADVICE, OR A RECOMMENDATION THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON – NOR DOES CONTENT CONTAIN A LIST OR DESCRIPTION OF ALL RELEVANT RISK FACTORS RELATED TO ANY MATTER INCLUDED THEREIN.
  1. CONTENT IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM QUALIFIED PROFESSIONALS TO MEET YOUR BUSINESS TRANSITION (SUCCESSION) NEEDS AND BUSINESS VALUATION NEEDS, OR FROM A FINANCIAL PROFESSIONAL TO MEET YOUR INVESTMENT NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL. TRANSITUS DOES NOT RECOMMEND OR ENDORSE ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND ON OTHER WEBSITES. THE MENTION OF ANOTHER PARTY OR ITS BUSINESS, PRODUCT, OR SERVICE ON THIS WEBSITE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THAT PARTY OR ITS PRODUCT OR SERVICE.
  1. You accept responsibility for, and acknowledge that you exercise your own independent judgment in, your selection of any Content, your selection of the use or intended use of such, and any results obtained.
  1. Content is supplied “as is” and “as available”. Transitus and the Authors assume no responsibility and provide no warranties, representations, guarantees or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, truth, timeliness, sequence, completeness, merchantability, fitness for a particular purpose, non-infringement, or continued availability of Content. Any losses suffered by you from your use of Content rest SOLELY WITH YOU as between you, Transitus, and the Authors.
  1. Transitus and the Authors shall have no liability to you, or a third party, for errors, omissions or malfunctions in Content or otherwise. For greater clarity, Transitus and the Authors shall not be liable to you, in contract, tort (including negligence and gross negligence) or otherwise, for any loss of profits, revenue, business or anticipated savings, or for special, indirect, incidental, consequential or exemplary damages, however caused or arising (even if notified of the possibility of such damages).
  1. The Website has features that allow you to comment on, engage in discussions or otherwise upload, submit or post content, information, graphics, videos, images or links to the Website (collectively, “User Material”). User Material is subject to these Terms of Use and any additional terms that are referred to in the area of the Website where you upload, submit or post it. You hereby agree not to upload, submit or post any User Material that (a) is abusive, illegal, defamatory, indecent, obscene, offensive or threatening in any way; (b) encourages anyone to break the law; (c) violates anyone’s copyright, trademark or other proprietary right; (d) interferes with the privacy of another user; (d) contains a virus or any other harmful components; (e) contains false or misleading statements; or (f) gives rise to any liability or violates any applicable local, state, federal or international law or regulation. You represent that you have all the necessary legal rights to upload, submit or post your User Material and you hereby grant Transitus, and its affiliates and successors, a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, modify, translate, sublicense and create derivative works from your User Material in any and all media in any manner, in whole or in part, without any duty to notify or to compensate you. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of User Material that you may have under any applicable law or legal theory.
  1. We have no obligation to store and may remove or delete any User Material for any reason, at any time and without notice to you.
  1. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND ANY COMPONENT OR FEATURE AVAILABLE THROUGH THE WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM OR RELATED TO ACCESS, USE OR THE UNAVAILBILITY OF THE SERVICE (OR ANY PART THEREOF).
  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRANSITUS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE “TRANSITUS PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUESTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER IN NEGLIGENCE, TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE TRANSITUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN ANY SUCH DAMAGES.
  1. You agree to indemnify and hold Transitus and the Authors harmless from any and all losses, damages, liability and costs (including reasonable attorneys’ fees) resulting directly or indirectly from any claim or demand against Transitus and the Authors arising out of or related to the accuracy or completeness of Content, your use of Content, or your connection to Content. Transitus and the Authors shall not be liable for any claim or demand against you by a third party.

This agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of Toronto, Ontario.

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