1. USER AGREEMENT: The following are the terms of a legal agreement (the "Agreement") between you and P2P Financial Inc. that sets the terms and conditions for your use of this web site (the "Site"). In this Agreement, "P2P Financial", "Optimize Capital Markets", "we," "us," or "our" means P2P Financial Inc. The Site is owned and operated by P2P Financial and provided to you expressly subject to this Agreement. You acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Agreement.
If you have questions regarding this Agreement or the practices of P2P Financial, please contact us by email at firstname.lastname@example.org or by mail at P2P Financial Inc., 2 Bloor Street West, 7th Floor, Toronto, ON, M4W 3R1.
2. ELIGIBILITY: The eligibility to register, participate and use the Site is subject to final determination by P2P Financial. In addition, this Site is intended solely for users who are eighteen (18) years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. By using this Site, you represent and warrant that you are 18 or older and that you agree to and will abide by all of the terms and conditions of this Agreement.
3. DISPLAY NAME, EMAILS AND PASSWORDS: Upon registration, you will have a unique Display Name, email, and password assigned to you. You are solely responsible for preserving the confidentiality of your Display Name, email, and password.
You agree to keep your passwords absolutely confidential; they are for your use alone. You will not tell anyone else (including a close family member, a friend, any bank, company or public official) what your password is. You must carefully select your passwords so that they cannot be easily guessed by anyone else. When choosing a password, you must not use:
- Your name or a close relative's name
- Your birth date, year of birth, telephone number or address, or a close relative's
- Your Display Name
- Any other number which can be easily obtained or guessed by someone else, or
- A password you use for any other service.
- Your password must be disguised within the written record you make so that no else can easily guess that it is a record of your Password.
- You will not record your password electronically on your computer in any way, and you will not store your password near your computer (for example, on a sticky note placed on the edge of your monitor screen).
4. COPYRIGHT: Information on this site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources (collectively, "Site Information"), is protected under the copyright laws of Canada and other countries. Certain items of the Site Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any Site Information.
5. TRADEMARKS: Certain names, words, titles, phrases, logos, icons, graphics, or designs on the pages of this Site are trade names or trademarks owned by P2P Financial or its subsidiaries, or trade names or trademarks licensed to them by third parties. The display of trademarks within this Site does not grant you a license of any kind.
6. PATENT INFORMATION: Technologies and processes embodied in and used by this Site may be covered by one or more current or pending P2P Financial patents.
7. INTELLECTUAL PROPERTY WAIVER: The posting of the Contents of this Site neither constitutes a waiver of any of P2P Financial's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the Site user or to any third party. Any downloading of the material contained in the site, or of any site linked to the site, may be a violation of the trademark and copyright laws. Any downloading of Contents of this Site or any site linked to this Site may be a violation of the trademark laws and copyright laws.
8. WARRANTIES: P2P FINANCIAL INCLUDING ITS PROVIDERS AND AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, ADVISORS, EMPLOYEES, SHAREHOLDERS, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS PROVIDE NO GUARANTEE AS TO THE ACCURACY, ADEQUACY, TIMELINES, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT OF THE SITE AND DISCLAIM LIABILITY FOR ERRORS, OMISSIONS, POSSIBLE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS, DISCONTINUE OR MAKE CHANGES IN THE CONTENT OF THE SITE WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY LIABILITY TO YOU.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT AS TO THE RESULTS OF YOUR USE OF THE SITE CONTENT OR AS TO THE OPERATION, USEFULNESS, COMPLETENESS, OR CURRENTNESS OF THE SITE.
WE DO NOT WARRANT OR REPRESENT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, OR THAT THERE WILL BE NO DELAYS, DEFECTS, INCOMPATIBILITY, DIFFICULTIES IN USE, FAILURES, ERRORS, OR LOSS OF TRANSMITTED INFORMATION. WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, TROJANS OR OTHER CONTAMINATING OR HARMFUL COMPONENTS OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM.
WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OUR AFFILIATES, ALLIES, OR SUPPLIERS IN CONJUNCTION WITH THE SITE.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
9. NO LIABILITY FOR USE OF SITE: P2P FINANCIAL WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THIS SITE OR THE SITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF P2P FINANCIAL OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
P2P FINANCIAL IS NOT RESPONSIBLE IN ANY MANNER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHEN YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE SUCH INFORMATION AT YOUR REQUEST OVER THE INTERNET. USE OF THIS SITE IS AT YOUR OWN RISK.
P2P FINANCIAL'S TOTAL LIABILITY TO THE SITE USER UNDER OR ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNTS PAID OR DUE AND OWING BY THE SITE USER TO P2P FINANCIAL HEREUNDER.
10. HYPERLINKS & THIRD-PARTY SITES: Hyperlinks to other Internet resources or web sites are used at your own risk. P2P Financial makes no representations or warranties whatsoever, express or implied, about other web sites which you may access through our Site. You acknowledge that third-party sites may have their own terms and are not governed by this Agreement. Links to other web sites do not mean that P2P Financial endorses, recommends, or accepts any responsibility for such web sites or their content. Third-party Sites are not subject to our privacy or security standards.
11. INDEMNIFICATION: You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, advisors, agents, and employees, harmless from and against any and all claims, losses, expenses, demands or liabilities, including reasonable legal fees, made by any third-party due to or arising out of materials and content you submit to, post to or transmit through this Site, or your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third-party. You further agree that you will cooperate fully in the defence of any such claims. P2P Financial reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of P2P Financial. You further agree to indemnify and hold harmless our subsidiaries, affiliates, officers, directors, advisors, agents, and employees, from any claim arising from a third-party's use of information or materials of any kind that you post to this Site.
12. AMENDMENT AND TERMINATION: This Agreement is effective until terminated by P2P Financial. We reserve the right to amend this Agreement at any time by posting the revised Agreement on the Site. All the changes shall be effective upon posting. You understand and agree that your continued use of the Site after we made any such changes constitutes your acceptance of the new Agreement.
We may, in our sole discretion, with or without cause, and at any time without notice, terminate this Agreement or suspend or terminate your access and use of this Site, or restrict your access to any part or parts of the Site without notice or liability.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
The provisions under the heading and before Section 1 form an integral part of this Agreement.
14. NOT OFFERING ANY ADVICE: This Site is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or any other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information.
15. AVAILABILITY OF THE SITE: You agree to use this Site for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations, including communications statutes and regulations. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. Therefore, no offering, distribution or solicitation is made by P2P Financial by offering this Site to any jurisdiction where it is prohibited by law.
16. SUBMISSIONS: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or P2P Financial (collectively, "Submissions"), provided by you to us are non-confidential and shall become the sole property of P2P Financial. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. USE OF THE SITE: Any unauthorized use of the Site, including but not limited to any unsolicited or unauthorized advertising and promotional materials generally known as "junk mail" or "spam;" sending "chain letters" or other unsolicited materials; misuse of passwords and display names; posting or otherwise transmitting any private information of any party; impersonating any person or entity; uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or communication equipment; or engagement in any fraudulent or criminal activity is strictly prohibited.
19. LANGUAGE: The parties acknowledge that they have requested that this Agreement be prepared in English. Les parties reconnaissent avoir exigé que la présente et tous les documents connexes soient rédigés en anglais.
20. USE OF PERSONAL INFORMATION: You agree not to disclose, include or display any personal information together with your Email or Display Name on this Site, any other web site, any blog, forum, medium or other communication of any kind. The personal information includes but is not limited to your name, address, phone number, email address, Social Insurance Number, driver's licence number, bank account, credit card numbers, government issued identification documents or any other personal information.
21. OTHER AGREEMENTS: This Agreement shall be subject to any other agreements you have entered into with P2P Financial. In the case of a conflict between the provisions of this Agreement and an agency agreement, the terms of the agency agreement shall prevail.
22. ELECTRONIC SIGNATURE: At certain times during your use of the Site, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. In each such instance, you agree that your clicking on the appropriate box, tab, or other link shall constitute an electronic signature for the purposes of your use of the Site and the electronic record thereof, shall be considered conclusive evidence of whether you accepted, declined, or otherwise acknowledged such matter, absent manifest error by P2P Financial.
23. APPLICABLE LAW: Except where prohibited by the laws of your jurisdiction, this site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. ELECTRONIC MESSAGING: You hereby agree and grant us an express and implied consent to contact you via e-mail in regards to P2P Financial. You may opt out from this section by sending a request to email@example.com or by the following unsubscribe procedure provided in our emails.
25. ACCOUNTS AND BUSINESS SOLICITATION: No information or otherwise contained anywhere in this Site or related to this Site constitutes an offer or advice by P2P Financial or any member, employee, officer, director or affiliate of P2P Financial including, without limitation, to buy or sell any security or financial instrument. All final decisions, authorities, considerations and choices are solely your responsibility and done at your discretion. Furthermore, you agree that your ability to access, sign up to, become a user, become a member, create a profile, receive emails, create or make posts to the Site, reply to posts on the Site, use any tool on the Site, subscribe to, or otherwise use or view this Site and its services in no event shall be considered to be an encouragement to leave your current financial institution or your current financial services provider or a solicitation to do business or an opening of an account of any kind with P2P Financial or with any of its principals, directors, or officers.
P2P Financial including its directors, officers and employees do not open any accounts for the borrowers, issuers, sellers or any party seeking investors or financing on this Site. P2P Financial through its authorized officers may open an account for an Investor only upon its express approval after the receipt of the Investor's initial deposit and all required documentation as requested directly by an officer of P2P Financial. No other instances shall constitute the opening of any type of account with P2P Financial or with any of its principals, directors, or officers.