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Digital - Business - Media

Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE OR WEBSITE SERVICES PROVIDED TO YOU BY THE DALES REPORT INC. (THE “CORPORATION”), THE REPORTING SERVICE KNOWN AS “THE DALES REPORT” (“THE DALES REPORT”) OR THIS WEBSITE OR ANY RELATED WEBSITE (INDIVIDUALLY AND COLLECTIVELY, THE “SITE”) AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF LIABILITY AND DISCLAIMERS. THE CORPORATION, THE DALES REPORT AND THE SITE ARE COLLECTIVELY REFERRED TO AS “US”, “WE”, “OUR” AND THE LIKE.

1. Acceptance of Terms

All website services provided to you by Us are provided subject to the following terms of use. By using or accessing The Dales Report or the Site either by computer, e-reader, mobile or other electronic device now or hereafter devised or any products, content or other services available on the Site (each a “Service” and collectively, the “Services”), including Services offered on a payment basis (“Paid Services”), you agree to be bound by these terms of use and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with Us (collectively the “Terms of Use”), as may be modified by Us in accordance with these Terms of Use. Without limiting the generality of the foregoing, the Terms of Use will also apply if you access The Dales Report or any Service, or authenticate as a user, through a third party website or social media application. These Terms of Use, along with any modifications or additional or alternate terms or conditions referred to, including those related to your agreement to use a Paid Service (a “Paid Services Agreement”), shall be the entire agreement between you and Us and any prior communications with Us do not form part of these Terms of Use. If you do not agree with these Terms of Use, do not use The Dales Report, any of the Services or the Site.

2. Membership and Registration

Certain areas of the Site or Services may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Site or the Services. When you register or become a member of The Dales Report or the Services or provide information to the Site or Services in any other manner (“Registration Data”), you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that The Dales Report may use the information you provide to us according to the privacy policy set forth on the Site.

If you become a member of the Site or Services, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site or Services using your name in whole or in part. The Dales Report reserves the right to terminate membership and deny access to the Site or Services to any person who violates these Terms of Use.

3. Governing Law/Jurisdictional Issues

We make no representation or warranty that the Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access or act or rely on The Dales Report or the Site from outside Canada, you are responsible for compliance with all applicable laws including related to cannabis and the holding and trading of securities involved in or related to cannabis. You may not export any of the content accessible through the Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the federal laws of Canada applicable therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

4. Arbitration and Actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, your use of The Dales Report, the Site or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved even if only one of the parties declares that there is a difference (collectively, a “Claim”) will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario).

5. Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Services, you may need to select a username and a password. You will provide Us with certain registration information, all of which must be accurate, truthful, and updated. You shall not (i) select a username already used by another person, (ii) use a username or password that We, in Our sole discretion, deems offensive or inappropriate, (iii) create an account for anyone other than yourself and (iv) use a username in which another person has rights. We reserve the right to deny creation of your account based on your inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately contact Us with any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Services. We reserve the right to terminate your account, in our sole discretion, at any time without notice. If We disable your account, you agree that you will not create another one without Our permission. You may terminate your account at any time. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against any user of your account. You agree to maintain only one account with Us at any time and certify that you currently have no other account(s) with the Service.

6. User Conduct

All information, data, text, software, sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on The Dales Report or thh Site including links to any third party websites embedded therein (collectively, “Content” and “content”), uploaded, posted or otherwise submitted by a user to The Dales Report or the Site (“User Content”) is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms of Use referred to below. You also acknowledge and agree that you, and not Us, are entirely responsible for all User Content that you upload, post, or otherwise submit to The Dales Report or the Site. We do not control the User Content posted and, as such, do not guarantee, represent or warrant the accuracy, integrity or quality of such Content. You understand that by using The Dales Report and the Site that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any loss, damage or injury related to or arising as a result of any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via or to The Dales Report or the Site.

You agree to not use The Dales Report or the Site to post, e-mail, transmit, upload or otherwise submit any User Content that:

(a) is offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) harasses or advocates harassment of another person;

(c) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(f) displays pornographic or sexually explicit material of any kind;

(g) could be harmful to minors;

(h) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(k) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information) including any information the transmission of which is a breach of any jurisdiction’s securities law;

(l) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without Our prior written consent; and

(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, The Dales Report, the Site or any webpage, software or hardware on which such Content or The Dales Report or the Site is operated or displayed except as specifically designed into the Content.

We have the right to remove any User Content that violates these Terms of Use, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any Content violates the rights of third-parties or (d) protect the rights, property, or personal safety of Us, Our users or the public.

7. Uploaded Content

You agree that by uploading, posting or otherwise submitting any User Content to any content generating or submitting Service or page on The Dales Report or the Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, any contest page, or any image, photograph or other visual art-form upload Service that (A) WE SHALL BECOME THE SOLE OWNER OF SUCH USER CONTENT, (B) WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR COMPENSATION TO YOU OR ANY OTHER PERSON, (C) YOU WAIVE ANY AND ALL RIGHTS (INCLUDING MORAL RIGHTS) THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL, (D) YOU ARE REPRESENTING AND WARRANTING TO US THAT THE USER CONTENT OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT WE ARE FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE USER CONTENT AND RELATED MATERIAL (INCLUDING ANY IDEA AND/OR SUGGESTION), AS PROVIDED TO OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY PERSON.

8. Social Networking

When participating in the various social networking aspects available through The Dales Report or the Site such as commenting applications, forums, blogs or live chats (each a “Forum” and collectively, “Forums”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. We cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.

When participating or commenting in any Forum on or through The Dales Report or the Site you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of Our Forums for commercial purposes of any kind is strictly prohibited. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable or in violation of these Terms of Use. Use of and/or participation in any Forum shall indicate your acceptance of the Terms of Use.

9. Responsibility for Minors

In cases where you have authorized a minor to use The Dales Report, the Site or any of the Services, you are fully responsible for (a) the online conduct of such minor, (b) controlling the minor’s access to and use of The Dales Report, the Site and all of the Services and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of The Dales Report and the Site may contain Content that is inappropriate for minors. You acknowledge that We have no obligation to monitor the Services or any Content accessible within.

10. Restrictions on Re-use, Re-sale of Services

All Content available on The Dales Report and the Site (including the manner in which such Content is presented) and the Services are copyright of Us, our affiliates, related companies, unaffiliated partners and licensors. All rights are reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. The Corporation grants you a limited, non-exclusive, non-transferable license to use and display on your computer or other electronic access device the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through The Dales Report, the Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.

11. Commercial Use

No Forum or other areas of The Dales Report, the Services or the Site may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from The Dales Report, the Services and the Site and barring such violators from use of The Dales Report, the Services and the Site. We reserve the right to block access to The Dales Report, the Services and the Site by any user known or reasonably believed to be using any of the foregoing for any commercial purpose (including, without limitation, the sale of goods and services).

12. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages, the Site or the Content contained thereon, to register for a member account or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of The Dales Report and the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on The Dales Report or the Site, or make any other request to transactional servers, more than once during any three second interval.

13. Downloads

Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by the Corporation or third parties subject to these Terms of Use and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by the Corporation or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that the Corporation or third parties retain full and complete title and ownership to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that We, including our suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. The Dales Report, the Services and the Software may be further subject to certain Canadian and United States or other export controls. No Software may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List. By downloading or using The Dales Report, the Services or any Software, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.

14. Indemnity

You agree to defend, indemnify and hold harmless Us and Our affiliates and licensors and each of the foregoing’s respective shareholders, partners, trustees, officers, directors, employees and agents, including all third parties mentioned or displayed on The Dales Report or the Site from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to (a) your breach of any of these Terms of Use (including any Terms of Use incorporated by reference) or your Paid Services Agreement, (b) your access to or use of The Dales Report, the Site, Services or Content or (c) your use or reliance on, or publication, communication or distribution of anything on or from The Dales Report, the Site or the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15. Use and Storage

You acknowledge that We may establish general practices and limits concerning use of The Dales Report, the Site and the Services, including without limitation the maximum number of days that User Content will be retained and the maximum number of times (and the maximum duration for which) you may access The Dales Report, the Site or the Services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by The Dales Report, the Site or the Services. You further acknowledge that We reserve the right to change these general practices and limits at any time, in Our sole discretion, with or without notice.

16. Modifications to Service

We reserve the right, in Our sole discretion, at any time and from time to time, to modify these Terms of Use and, other than in respect of Paid Services, discontinue, temporarily or permanently, The Dales Report or the Services with or without notice. You agree that any modification or discontinuance of The Dales Report, the Site or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, We may immediately deactivate or delete your member account and all related information and files in your member account (including any Registration Data). You further agree that We shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of The Dales Report, the Site or the Services means that you accept those modifications.

17. Termination

You agree that We, in Our sole discretion, at any time, may suspend or terminate your account or your use of The Dales Report, the Site or the Services, and may remove and discard any User Content, for any reason, including, without limitation, for lack of use or if We believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. We may also, in Our sole discretion, at any time, discontinue providing The Dales Report, the Site or the Services with or without notice. You agree that any suspension and/or termination of your access to The Dales Report, the Site and the Services may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that We shall not be liable to you or to any other person as a result of any of the foregoing. If you are dissatisfied with Us, The Dales Report, the Site, the Services or with any terms, conditions, rules, policies, guidelines, or practices of Us, The Dales Report, the Site or the Services, your sole and exclusive remedy is to discontinue using The Dales Report, the Site and the Services. If you wish to delete your account, contact Us.

18. Content Linked to the Site

Exercise discretion while browsing the Internet, The Dales Report, the Site and the Services. Certain links on The Dales Report, the Site and the Services may take you to, or otherwise interact with, other websites (including social media websites). The Dales Report, the Site and the Services provide these links only as a convenience and not as an endorsement. These linked sites are not necessarily under the control of Us. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. You acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. We are not responsible for the content of any such linked sites or any other web page which is not part of The Dales Report, the Site and the Services and not under our control. We make no representation or warranty regarding, and we do not endorse, any linked site or the information, products or services appearing thereon. We will not be responsible or liable in any way for the accuracy, relevancy, intellectual property compliance, legality, or decency of material contained in any site linked from The Dales Report, the Site or the Services or the use of any personal information that you provide to such linked site by any person including the operator or owner of such site.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF THE DALES REPORT, THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US, OUR PRESENT AND FUTURE PARENTS, SUBSIDIARIES, RELATED, AFFILIATE AND ASSOCIATED ENTITIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE “GROUP”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

(B) THE DALES REPORT, THE SITE, THE SERVICES AND, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE GROUP BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR COSTS INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, COSTS OR INJURIES BASED ON ANY CAUSES OF ACTION ARISING OUT OF THE PARTICIPATION, VIEWING, USE OR RELIANCE, IN ANY MANNER, OF THE DALES REPORT, THE SITE, THE SERVICES OR THE CONTENT, OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE DALES REPORT, THE SITE, THE SERVICES OR THE CONTENT, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE DALES REPORT, THE SITE, THE SERVCES OR THE CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE DALES REPORT, THE SITE, THE SERVICES, THE CONTENT OR OF ANY OTHER THIRD PARTIES.

(D) THE GROUP DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

20. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Professional Information Disclaimer

The Dales Report, the Site and the Services may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related fields, law, tax, securities, accounting, financial planning and investments (collectively, the “Professional Information”). The Professional Information is provided for informational, educational and entertainment purposes only and should not be interpreted as a recommendation for a specific plan, product, course of action, stock, share, company, person or otherwise. Use of The Dales Report, the Site and the Services do not replace consultations with and advice from a qualified medical, legal, tax, securities, accounting, financial, investment or other relevant professional. The Professional Information changes rapidly and some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that We, including Our suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.

22. Medical and Health Information Disclaimer

The Professional Information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by The Dales Report, the Site or any of the Services is (a) for informational, educational and entertainment purposes only, (b) not to be used or construed as a substitute for professional medical or health advice, diagnosis, or treatment and (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Use of or reliance on any health-related or medical-related Professional Information on, or accessible through, The Dales Report, the Site or the Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH OR MEDICAL PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A HEALTH OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL HEALTH OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE READ OR OTHERWISE OBTAINED FROM THE DALES REPORT, THE SITE AND THE SERVICES.

23. Financial Information Disclaimer

The Professional Information may contain tax, securities, stock market (and other markets), accounting, financial (including planning) and investment information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, shares or other securities). Such information made available by The Dales Report, the Site and the Services is (a) for informational, educational or entertainment purposes only, (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any person, company, stock or otherwise and (c) not necessarily reflective of the views or policy of Us, including the contributors and staff of, and advertisers thereon. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as tax, securities, accounting, financial or investment advice by Us. You should apply your own judgment in making any use of any such information, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research (or lack thereof) and decisions. PRIOR TO MAKING ANY TAX, STOCK MARKET, ACCOUNTING, FINANCIAL, INVESTMENT AND THE LIKE DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED ADVISOR. WE DO NOT PROVIDE ANY FINANCIAL, LEGAL, TAX, INVESTMENT, ACCOUNTING OR THE LIKE ADVICE INCLUDING REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY OR INFORMATION SOURCE. You acknowledge that We may invest or otherwise hold interests in entities which may be referenced in The Dale Report, the Site, the Services or the Content. The views and opinions expressed on The Dales Report, the Site, the Services and the Content are not intended to constitute a description of securities bought, sold, or held on behalf of Us nor an indication by Us of any intention to buy, sell, or hold any security.

24. Search Content Disclaimer

Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “Multimedia Content”) of or located through The Dale Report or the Site are protected by copyright and other intellectual property laws. We do not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. In the case of links to sites outside of the Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Us. If you intend to make use of any Multimedia Content accessed through the Site for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

25. Third Party Dealings & Online Sales Disclaimer

You acknowledge that some of the Services are provided by third parties. You acknowledge that in dealings with third parties, We are not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party and not Us. We assume no responsibility whatsoever for any charges you, or any user of any account you establish through the Site, incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that We shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, The Dales Report, the Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.

26. Trademarks

“The Dales Report” and related design marks are trademarks of the Corporation. All other products, brands, corporate names and logos used or mentioned on The Dales Report, the Site and the Services are the trademarks of their respective owners. Any use of any trademarks appearing on The Dales Report, the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

27. Miscellaneous

These Terms of Use and, where applicable, the specific terms of a Paid Services Agreement, constitute the entire agreement between Us and you pertaining to your use of The Dales Report, the Site and the Services and, except as specifically set forth herein, supersede any prior agreements between you and Us. We may assign these Terms of Use, in whole or in part, at any time. Our failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. You acknowledge and agree that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais (Version française). In the event of a conflict between the English and any French version of these terms, the English version shall prevail.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE OR WEBSITE SERVICES PROVIDED TO YOU BY THE DALES REPORT INC. (THE “CORPORATION”), THE REPORTING SERVICE KNOWN AS “THE DALES REPORT” (“THE DALES REPORT”) OR THIS WEBSITE OR ANY RELATED WEBSITE (INDIVIDUALLY AND COLLECTIVELY, THE “SITE”) AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF LIABILITY AND DISCLAIMERS. THE CORPORATION, THE DALES REPORT AND THE SITE ARE COLLECTIVELY REFERRED TO AS “US”, “WE”, “OUR” AND THE LIKE.

1. Acceptance of Terms

All website services provided to you by Us are provided subject to the following terms of use. By using or accessing The Dales Report or the Site either by computer, e-reader, mobile or other electronic device now or hereafter devised or any products, content or other services available on the Site (each a “Service” and collectively, the “Services”), including Services offered on a payment basis (“Paid Services”), you agree to be bound by these terms of use and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with Us (collectively the “Terms of Use”), as may be modified by Us in accordance with these Terms of Use. Without limiting the generality of the foregoing, the Terms of Use will also apply if you access The Dales Report or any Service, or authenticate as a user, through a third party website or social media application. These Terms of Use, along with any modifications or additional or alternate terms or conditions referred to, including those related to your agreement to use a Paid Service (a “Paid Services Agreement”), shall be the entire agreement between you and Us and any prior communications with Us do not form part of these Terms of Use. If you do not agree with these Terms of Use, do not use The Dales Report, any of the Services or the Site.

2. Membership and Registration

Certain areas of the Site or Services may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Site or the Services. When you register or become a member of The Dales Report or the Services or provide information to the Site or Services in any other manner (“Registration Data”), you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that The Dales Report may use the information you provide to us according to the privacy policy set forth on the Site.

If you become a member of the Site or Services, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site or Services using your name in whole or in part. The Dales Report reserves the right to terminate membership and deny access to the Site or Services to any person who violates these Terms of Use.
3. Governing Law/Jurisdictional Issues

We make no representation or warranty that the Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access or act or rely on The Dales Report or the Site from outside Canada, you are responsible for compliance with all applicable laws including related to cannabis and the holding and trading of securities involved in or related to cannabis. You may not export any of the content accessible through the Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the federal laws of Canada applicable therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

4. Arbitration and Actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, your use of The Dales Report, the Site or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved even if only one of the parties declares that there is a difference (collectively, a “Claim”) will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario).

5. Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of the Services, you may need to select a username and a password. You will provide Us with certain registration information, all of which must be accurate, truthful, and updated. You shall not (i) select a username already used by another person, (ii) use a username or password that We, in Our sole discretion, deems offensive or inappropriate, (iii) create an account for anyone other than yourself and (iv) use a username in which another person has rights. We reserve the right to deny creation of your account based on your inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately contact Us with any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Services. We reserve the right to terminate your account, in our sole discretion, at any time without notice. If We disable your account, you agree that you will not create another one without Our permission. You may terminate your account at any time. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against any user of your account. You agree to maintain only one account with Us at any time and certify that you currently have no other account(s) with the Service.

6. User Conduct

All information, data, text, software, sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on The Dales Report or thh Site including links to any third party websites embedded therein (collectively, “Content” and “content”), uploaded, posted or otherwise submitted by a user to The Dales Report or the Site (“User Content”) is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms of Use referred to below. You also acknowledge and agree that you, and not Us, are entirely responsible for all User Content that you upload, post, or otherwise submit to The Dales Report or the Site. We do not control the User Content posted and, as such, do not guarantee, represent or warrant the accuracy, integrity or quality of such Content. You understand that by using The Dales Report and the Site that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any loss, damage or injury related to or arising as a result of any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via or to The Dales Report or the Site.

You agree to not use The Dales Report or the Site to post, e-mail, transmit, upload or otherwise submit any User Content that:

(a) is offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) harasses or advocates harassment of another person;

(c) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(f) displays pornographic or sexually explicit material of any kind;

(g) could be harmful to minors;

(h) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(k) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information) including any information the transmission of which is a breach of any jurisdiction’s securities law;

(l) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without Our prior written consent; and

(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, The Dales Report, the Site or any webpage, software or hardware on which such Content or The Dales Report or the Site is operated or displayed except as specifically designed into the Content.

We have the right to remove any User Content that violates these Terms of Use, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any Content violates the rights of third-parties or (d) protect the rights, property, or personal safety of Us, Our users or the public.

7. Uploaded Content

You agree that by uploading, posting or otherwise submitting any User Content to any content generating or submitting Service or page on The Dales Report or the Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, any contest page, or any image, photograph or other visual art-form upload Service that (A) WE SHALL BECOME THE SOLE OWNER OF SUCH USER CONTENT, (B) WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR COMPENSATION TO YOU OR ANY OTHER PERSON, (C) YOU WAIVE ANY AND ALL RIGHTS (INCLUDING MORAL RIGHTS) THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL, (D) YOU ARE REPRESENTING AND WARRANTING TO US THAT THE USER CONTENT OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT WE ARE FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE USER CONTENT AND RELATED MATERIAL (INCLUDING ANY IDEA AND/OR SUGGESTION), AS PROVIDED TO OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY PERSON.

8. Social Networking

When participating in the various social networking aspects available through The Dales Report or the Site such as commenting applications, forums, blogs or live chats (each a “Forum” and collectively, “Forums”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. We cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.

When participating or commenting in any Forum on or through The Dales Report or the Site you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of Our Forums for commercial purposes of any kind is strictly prohibited. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable or in violation of these Terms of Use. Use of and/or participation in any Forum shall indicate your acceptance of the Terms of Use.

9. Responsibility for Minors

In cases where you have authorized a minor to use The Dales Report, the Site or any of the Services, you are fully responsible for (a) the online conduct of such minor, (b) controlling the minor’s access to and use of The Dales Report, the Site and all of the Services and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of The Dales Report and the Site may contain Content that is inappropriate for minors. You acknowledge that We have no obligation to monitor the Services or any Content accessible within.

10. Restrictions on Re-use, Re-sale of Services

All Content available on The Dales Report and the Site (including the manner in which such Content is presented) and the Services are copyright of Us, our affiliates, related companies, unaffiliated partners and licensors. All rights are reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. The Corporation grants you a limited, non-exclusive, non-transferable license to use and display on your computer or other electronic access device the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through The Dales Report, the Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.

11. Commercial Use

No Forum or other areas of The Dales Report, the Services or the Site may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from The Dales Report, the Services and the Site and barring such violators from use of The Dales Report, the Services and the Site. We reserve the right to block access to The Dales Report, the Services and the Site by any user known or reasonably believed to be using any of the foregoing for any commercial purpose (including, without limitation, the sale of goods and services).

12. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages, the Site or the Content contained thereon, to register for a member account or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of The Dales Report and the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on The Dales Report or the Site, or make any other request to transactional servers, more than once during any three second interval.

13. Downloads

Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by the Corporation or third parties subject to these Terms of Use and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by the Corporation or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that the Corporation or third parties retain full and complete title and ownership to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that We, including our suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. The Dales Report, the Services and the Software may be further subject to certain Canadian and United States or other export controls. No Software may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List. By downloading or using The Dales Report, the Services or any Software, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.

14. Indemnity

You agree to defend, indemnify and hold harmless Us and Our affiliates and licensors and each of the foregoing’s respective shareholders, partners, trustees, officers, directors, employees and agents, including all third parties mentioned or displayed on The Dales Report or the Site from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to (a) your breach of any of these Terms of Use (including any Terms of Use incorporated by reference) or your Paid Services Agreement, (b) your access to or use of The Dales Report, the Site, Services or Content or (c) your use or reliance on, or publication, communication or distribution of anything on or from The Dales Report, the Site or the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15. Use and Storage

You acknowledge that We may establish general practices and limits concerning use of The Dales Report, the Site and the Services, including without limitation the maximum number of days that User Content will be retained and the maximum number of times (and the maximum duration for which) you may access The Dales Report, the Site or the Services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by The Dales Report, the Site or the Services. You further acknowledge that We reserve the right to change these general practices and limits at any time, in Our sole discretion, with or without notice.

16. Modifications to Service

We reserve the right, in Our sole discretion, at any time and from time to time, to modify these Terms of Use and, other than in respect of Paid Services, discontinue, temporarily or permanently, The Dales Report or the Services with or without notice. You agree that any modification or discontinuance of The Dales Report, the Site or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, We may immediately deactivate or delete your member account and all related information and files in your member account (including any Registration Data). You further agree that We shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of The Dales Report, the Site or the Services means that you accept those modifications.

17. Termination

You agree that We, in Our sole discretion, at any time, may suspend or terminate your account or your use of The Dales Report, the Site or the Services, and may remove and discard any User Content, for any reason, including, without limitation, for lack of use or if We believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. We may also, in Our sole discretion, at any time, discontinue providing The Dales Report, the Site or the Services with or without notice. You agree that any suspension and/or termination of your access to The Dales Report, the Site and the Services may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that We shall not be liable to you or to any other person as a result of any of the foregoing. If you are dissatisfied with Us, The Dales Report, the Site, the Services or with any terms, conditions, rules, policies, guidelines, or practices of Us, The Dales Report, the Site or the Services, your sole and exclusive remedy is to discontinue using The Dales Report, the Site and the Services. If you wish to delete your account, contact Us.

18. Content Linked to the Site

Exercise discretion while browsing the Internet, The Dales Report, the Site and the Services. Certain links on The Dales Report, the Site and the Services may take you to, or otherwise interact with, other websites (including social media websites). The Dales Report, the Site and the Services provide these links only as a convenience and not as an endorsement. These linked sites are not necessarily under the control of Us. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. You acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. We are not responsible for the content of any such linked sites or any other web page which is not part of The Dales Report, the Site and the Services and not under our control. We make no representation or warranty regarding, and we do not endorse, any linked site or the information, products or services appearing thereon. We will not be responsible or liable in any way for the accuracy, relevancy, intellectual property compliance, legality, or decency of material contained in any site linked from The Dales Report, the Site or the Services or the use of any personal information that you provide to such linked site by any person including the operator or owner of such site.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF THE DALES REPORT, THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US, OUR PRESENT AND FUTURE PARENTS, SUBSIDIARIES, RELATED, AFFILIATE AND ASSOCIATED ENTITIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE “GROUP”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

(B) THE DALES REPORT, THE SITE, THE SERVICES AND, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE GROUP BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR COSTS INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, COSTS OR INJURIES BASED ON ANY CAUSES OF ACTION ARISING OUT OF THE PARTICIPATION, VIEWING, USE OR RELIANCE, IN ANY MANNER, OF THE DALES REPORT, THE SITE, THE SERVICES OR THE CONTENT, OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE DALES REPORT, THE SITE, THE SERVICES OR THE CONTENT, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE DALES REPORT, THE SITE, THE SERVCES OR THE CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE DALES REPORT, THE SITE, THE SERVICES, THE CONTENT OR OF ANY OTHER THIRD PARTIES.

(D) THE GROUP DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

20. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Professional Information Disclaimer

The Dales Report, the Site and the Services may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related fields, law, tax, securities, accounting, financial planning and investments (collectively, the “Professional Information”). The Professional Information is provided for informational, educational and entertainment purposes only and should not be interpreted as a recommendation for a specific plan, product, course of action, stock, share, company, person or otherwise. Use of The Dales Report, the Site and the Services do not replace consultations with and advice from a qualified medical, legal, tax, securities, accounting, financial, investment or other relevant professional. The Professional Information changes rapidly and some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that We, including Our suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.

22. Medical and Health Information Disclaimer

The Professional Information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by The Dales Report, the Site or any of the Services is (a) for informational, educational and entertainment purposes only, (b) not to be used or construed as a substitute for professional medical or health advice, diagnosis, or treatment and (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Use of or reliance on any health-related or medical-related Professional Information on, or accessible through, The Dales Report, the Site or the Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH OR MEDICAL PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A HEALTH OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL HEALTH OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE READ OR OTHERWISE OBTAINED FROM THE DALES REPORT, THE SITE AND THE SERVICES.

23. Financial Information Disclaimer

The Professional Information may contain tax, securities, stock market (and other markets), accounting, financial (including planning) and investment information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, shares or other securities). Such information made available by The Dales Report, the Site and the Services is (a) for informational, educational or entertainment purposes only, (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any person, company, stock or otherwise and (c) not necessarily reflective of the views or policy of Us, including the contributors and staff of, and advertisers thereon. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as tax, securities, accounting, financial or investment advice by Us. You should apply your own judgment in making any use of any such information, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research (or lack thereof) and decisions. PRIOR TO MAKING ANY TAX, STOCK MARKET, ACCOUNTING, FINANCIAL, INVESTMENT AND THE LIKE DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED ADVISOR. WE DO NOT PROVIDE ANY FINANCIAL, LEGAL, TAX, INVESTMENT, ACCOUNTING OR THE LIKE ADVICE INCLUDING REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY OR INFORMATION SOURCE. You acknowledge that We may invest or otherwise hold interests in entities which may be referenced in The Dale Report, the Site, the Services or the Content. The views and opinions expressed on The Dales Report, the Site, the Services and the Content are not intended to constitute a description of securities bought, sold, or held on behalf of Us nor an indication by Us of any intention to buy, sell, or hold any security.

24. Search Content Disclaimer

Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “Multimedia Content”) of or located through The Dale Report or the Site are protected by copyright and other intellectual property laws. We do not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. In the case of links to sites outside of the Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Us. If you intend to make use of any Multimedia Content accessed through the Site for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
25. Third Party Dealings & Online Sales Disclaimer

You acknowledge that some of the Services are provided by third parties. You acknowledge that in dealings with third parties, We are not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party and not Us. We assume no responsibility whatsoever for any charges you, or any user of any account you establish through the Site, incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that We shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, The Dales Report, the Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.

26. Trademarks

“The Dales Report” and related design marks are trademarks of the Corporation. All other products, brands, corporate names and logos used or mentioned on The Dales Report, the Site and the Services are the trademarks of their respective owners. Any use of any trademarks appearing on The Dales Report, the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

27. Miscellaneous

These Terms of Use and, where applicable, the specific terms of a Paid Services Agreement, constitute the entire agreement between Us and you pertaining to your use of The Dales Report, the Site and the Services and, except as specifically set forth herein, supersede any prior agreements between you and Us. We may assign these Terms of Use, in whole or in part, at any time. Our failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. You acknowledge and agree that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais (Version française). In the event of a conflict between the English and any French version of these terms, the English version shall prevail.

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