USER AGREEMENT AND DISCLAIMER
Please read the following carefully.
Francis MacEachern and John Westcott are both proprietors of this business which has a trade name of “East Coast Traders”. Reference to this business herein shall be referred to as “East Coast Traders” or “ECT” and at all times shall be in reference to Francis MacEachern and John Westcott, personally, as well as their heirs, successors, and assigns. East Coast Traders has the unfettered discretion to transfer ownership of this business to any individual or corporation at any time, and, in such instance, the said assigns shall have the full benefit of the within User Agreement and Disclaimer without notice to you, as user of the product. East Coast Traders endeavours to keep a copy of this policy and any future policies posted and accessible by posting the same on its website, platform, or by request.
East Coast Traders reserves the right to modify the terms and conditions contained herein. Your use of the ECT website and software (“ECT Services”) constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE, as modified. IF YOU DO NOT UNDERSTAND AND/OR WISH TO ACCEPT THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN, DO NOT USE THE ECT SERVICES.
I. Accepting the Terms
User must first agree to the Terms. Users may not use the ECT Services if they do not accept the Terms.
1. A User can accept the Terms by:
a. clicking to accept or agree to the Terms, where this option is made available by ECT in the user interface for any ECT Service.
2. A User may not use ECT Services and may not accept the Terms if (a) User is not of legal age or in any other way lack capacity to form a binding contract with ECT (b) User is a person barred from receiving ECT Services under the laws of Canada or other countries including the country in which User resides or from which User accesses ECT Services.
3. Before continuing, User should print off or save a local copy of the User Agreement’s Terms and Conditions for personal records.
II. Provision of ECT Services
ECT is constantly innovating in order to provide the best possible experience for its users. User acknowledges and agrees that the form and nature of ECT Services may change from time to time without prior notice to User.
1. As part of this continuing innovation, User acknowledges and agrees that ECT may stop (permanently or temporarily) providing ECT Services (or any features within ECT Services) to User or to users generally at ECT’s sole discretion, without prior notice. User may stop using ECT Services at any time. A User does not need to specifically inform ECT when s/he stops using ECT Services.
2. User acknowledges and agrees that if ECT disables access to the account, User may be prevented from accessing ECT Services, User account details or any files or other content which is contained in the User’s account.
3. User acknowledges and agrees that while ECT may not currently have set a fixed upper limit on the number of transmissions a User may send or receive through ECT Services or on the amount of server activity used for the provision of any ECT Service, such fixed upper limits may be set by ECT at any time, at ECT’s discretion.
4. User acknowledges that ECT analyzes the behavior of all ECT users. ECT may from time to time use 3rd party research and technology to help analyze the customer behavior data..
III. Security Disclaimers
Nothing herein constitutes an offer or a solicitation for the purchase or sale of any security to any person in any jurisdiction in which such an offer or solicitation is not authorized. All purchases and sales of securities must and are made through a registered securities broker or dealer of the User’s choosing with whom the User has a contractual relationship and have agreed to and accepted such broker’s or dealer’s terms and conditions.
IV. Limitations of Liabilities & Warranty Disclaimers
1. ECT shall not be liable for any errors or delays in the information, data, content, quotes, transactions, advertisements, and/or other material contained in, gathered by, used in, relied upon, and/or presented by ECT (hereinafter collectively “Information and/or Services”).
2. THE INFORMATION AND/OR SERVICES PROVIDED BY ECT ARE PROVIDED ON AN “AS IS” BASIS AND IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE THE SOLE INFORMATION USED IN THE MAKING OF ANY DECISION. ECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION OR SERVICE, IN NO EVENT WILL IT BE LIABLE TO ANY USER OR OTHER PARTY, FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER(S) ACKNOWLEDGE THAT INVESTING IS INHERENTLY A RISKY DECISION AND ACKNOWLEGE THAT ECT IS ONLY PROVIDING LIMITED INFORMATION THAT IS OFTEN TIMES THAT IS “OPINION” BASED, AND ACCORDINGLY, USER(S) SHOULD NOT BE RELY UPON FOR THIS INFORMATION OR OPINION FOR THE TRUTH, OR LACK THEREOF, OF ITS CONTENTS. USER(S) ACKNOWLEDGE THIS REALITY AND AGREE NOT TO SUE OR TAKE ACTION AGAINST ECT FOR ANY REASON PERTAINING TO ANY INFORMATION OR OPINION PROVIDED BY ECT. USER(S) ACKNOWLEDGE AGREE TO WAIVE ANY CAUSE OF ACTION IN CONTRACT, TORT, EQUITY, STATUTE, OR COMMON LAW. NOTWITHSTANDING THE FOREGOING, IF A CAUSE OF ACTION WAS PERMITTED, IN THE EVENT LIABILITY IS FOUND BY A COURT, SUCH DAMAGES WILL NOT EXCEED THE FEES RECEIVED BY ECT FROM SUCH PARTY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE, AND THE USER AGREES THAT THIS IS FULL AND ADEQUATE CONSIDERATION.
3. NONE OF EAST COAST TRADERS., ITS OWNERS (EXPRESSLY INCLUDING BUT NOT LIMITED TO FRANK MACEACHERN AND JOHN WESTCOTT), OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS (ALL COLLECTIVELY HEREINAFTER REFERRED TO AS EAST COAST TRADERS) ARE FINANCIAL ADVISERS AND NOTHING CONTAINED HEREIN IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE. EAST COAST TRADERS IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. THIS WEBSITE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS. YOU HEREBY UNDERSTAND AND AGREE THAT EAST COAST TRADERS DOES NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND THAT YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED HEREIN. THIS REPORT IS NOT INTENDED AS A PROMOTION OF ANY PARTICULAR PRODUCTS OR INVESTMENTS AND EAST COAST TRADERS, FRANK MACEACHERN AND JOHN WESTCOTT, ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, IN ANY WAY RECOMMENDS OR ENDORSES ANY COMPANY, PRODUCT, INVESTMENT OR OPPORTUNITY WHICH MAY BE DISCUSSED HEREIN. THE EDUCATION AND INFORMATION PRESENTED HEREINEN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR LAWYER, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EAST COAST TRADERS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EAST COAST TRADERS DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN.
4. EAST COAST TRADERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN. EAST COAST TRADERS MAY DERIVE FEES OR OTHER COMPENSATION AS A RESULT OF PURCHASES FROM SERVICE PROVIDERS OR VENDORS REFERENCED IN THIS MATERIAL. EAST COAST TRADERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EAST COAST TRADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
V. Use of Services
In order to access certain ECT Services, Users may be required to provide information about themselves (such as identification or contact details) as part of the registration process for ECT Service, or as part of the continued use of ECT Services. A User agrees that any registration information given to ECT will always be accurate, correct and up to date.
1. Each User agrees to use ECT Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Canada or other relevant countries).
2. User agrees not to access (or attempt to access) any of ECT Services by any means other than through the interface that is provided by ECT, unless specifically allowed to do so in a separate agreement with ECT. User specifically agrees not to access (or attempt to access) any of ECT Services through any automated means.
3. User agrees to not engage in any activity that interferes with or disrupts ECT Services (or the servers and networks which are connected to ECT Services).
4. Unless User is specifically permitted to do so in a separate agreement with ECT, User agrees not to reproduce, duplicate, copy, sell, trade or resell ECT Services for any purpose.
5. User agrees to be solely responsible (and that ECT has no responsibility to User or to any third party) for any breach of obligations under the Terms and for the consequences (including any loss or damage which ECT may suffer) of any such breach.
VI. Passwords, Account Security and Privacy
1. User agrees and understands to be responsible for maintaining the confidentiality of passwords associated with any account used to access ECT Services.
2. User agrees to be solely responsible to ECT for all activities that occur under User’s account.
3. If User becomes aware of any unauthorized use of their password or of their account, User agrees to: (a) notify ECT immediately at email@example.com and (b) change their password at www.eastcoasttradersclub.ca
VII. Proprietary Rights
ECT Services, including all contents, are protected as a collective work and/or a compilation, as the case may be, to the maximum extent permitted by copyright and/or any other applicable law and/or international treaty (“Intellectual Property Protection Laws”). User acknowledges and agrees that ECT (or ECT’s Licensors) own all legal right, title and interest in and to ECT Services, including any intellectual property rights which subsist in ECT Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
1. Unless agreed otherwise in writing with ECT, nothing in the Terms gives a User a right to use any of ECT’s trade names, trade marks, service marks, logos, domain names, or any other distinctive brand features.
2. User agrees not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within ECT Services.
3. Unless expressly authorized to do so in writing by ECT, User agrees that in using ECT Services, User will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4. User agrees not to use the Information and/or ECT Services in any manner that could compete with ECT.
VIII. License from ECT
1. ECT gives the User a limited, non-assignable and non-exclusive license to use the software provided by ECT as part of ECT Services. This license is for the sole purpose of enabling the User to use and enjoy the benefit of ECT Services as provided by ECT, in the manner permitted by the Terms.
2. User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless given prior written permission to do so by ECT.
3. Unless ECT has given User specific prior written permission to do so, User may not assign (or grant a sub-license of) rights to use the Software, grant a security interest in or over rights to use the Software, or otherwise transfer or encumber any part of rights to use the Software.
4. ECT owns and retains all proprietary rights in ECT Services. Data as part of ECT Services may contain copyrighted material and other proprietary information of ECT and its Licensors. The provision of ECT Services does not transfer to User or any third party any rights, title or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any ECT or third-party content.
IX. Data Subscriptions and Payment
1. Subscription Fees. The Subscription Fee may be adjusted based on ECT upgraded services available to base package, or any premium bundles that may be offered to the user by choice.
2. Payment by credit card. If User pays by credit card, User authorizes ECT to charge User’s credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
3. Payment against invoice. If User pays by invoice, ECT will invoice User no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when additional fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified.
4. Payment Information. User will keep contact information, billing information and credit card information (where applicable) up to date. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance for the entire Subscription Term, uncles otherwise agreed in writing.
X. Limitations and Prohibited Use of ECT
As an expressed condition of using ECT, User agrees to not use the website and/or software and/or the Information and/or ECT Services for any purpose that is unlawful or that is prohibited by these conditions and terms. Further, User agrees to determine that the use of ECT to connect to and/or utilize information and/or services of User’s securities broker or dealer is not prohibited by User’s securities broker or dealer. ECT may only be used by a User located in a jurisdiction, state, county, province, territory, and/or country where such Information and/or ECT Services are allowed by (a) the jurisdiction, state, country, province, territory, and/or country.
XI. Restriction on and/or Termination of Access
1. Term. This License commences on the date User first licensed ECT Services and will continue for the Subscription Term, as selected by User in the payment process. It will be automatically renewed for an additional Subscription Term unless and until terminated pursuant to this Section XI. ECT may notify User that a License will not be renewed for an additional Subscription Term at any time.
2. Termination. There is no Early Termination; No Refunds. The Subscription Term will end on the expiration date and User cannot cancel it before its expiration. ECT does not provide refunds if User decides to stop using ECT Services during the Subscription Term. If User wishes to terminate this License, notify ECT in writing. Upon ECT’s receipt of User’s request, the subscription to ECT Services will no longer automatically renew and will expire at the end of the then-current Subscription Term.
3. Termination for Breach. Either party may terminate this Agreement for cause, as to any or all ECT Services upon a thirty (30) days notice. ECT may, in its sole discretion, immediately terminate this agreement if it determines that User directly or indirectly caused or may cause any kind of damages to ECT, its prospects, or its customers.
4. Suspension. ECT may suspend User’s access to the data if User is in breach of this Agreement or if ECT, in its sole discretion, deems it to be necessary. ECT reserves the right, in its sole discretion, to restrict, suspend or terminate User’s access to any and/or all of the Information and/or ECT Services at any time without prior or subsequent notice to User.
XIII. Jurisdiction and Law that Applies to Agreement
This Agreement shall be governed and construed in accordance with the law of the Province of Newfoundland and Canada. User agrees to submit itself to the jurisdiction of the province and courts in St. John’s, NL, Canada, (either Provincial Court (Small Claims) or Supreme Court (General Division) with respect to any legal proceedings that may arise in connection with ECT, the Information and/or ECT Services, and/or any dispute regarding this Agreement.
The types of Personal Data we may collect and the reasons for collecting:
All users are contractually obligated to provide East Coast Traders with the following Personal Data:
- Email address;
- Billing information;
- Software usage data;
In the absence of such information, East Coast Traders is not able to offer its services.
East Coast Traders uses legitimately collected Personal Data (if any) exclusively for the purpose of provision of necessary technical and client support services. For example, East Coast Traders periodically sends out email to users describing new features, or other useful information. By default, East Coast Traders will use your email address to provide such updates. Each user can choose not to receive these messages by notifying East Coast Traders. Also, East Coast Traders will use your email address in order to help you retrieve a forgotten password (if needed), resolve a billing issue, or any other appropriate and reasonable user communication, or other legitimate business purpose.
A statistical aggregation of Personal Data, in a form that does not identify any single user or a small group of users, may be used for various legitimate [internal] business purposes, such as but not limited to statistical analysis.
Safeguarding your Personal Data:
East Coast Traders’ internal policies prohibit any employee or agent of East Coast Traders who has legitimate access to any Personal Data to use it for any purpose, other than as stated above, including but not limited to trading based on such information. All internal requests to access any Personal Data must be approved by East Coast Traders.
Your Personal Data, including your symbol lists, is protected by your password; keep your password safe.
Sharing of Personal Data:
East Coast Traders will not share your Personal Data, including your email address or your symbol lists, with any third parties without your prior explicit consent. You can actively choose to allow East Coast Traders to share some or all your Personal Data.
East Coast Traders will keep your Personal Data for a minimum of one year. This is necessary and reasonable in order for East Coast Traders to be able to provide you with the services you expect.