- USER AGREEMENT: The following are the terms of a legal agreement (the “Agreement”) between you and The OCMX (P2P Financial Inc.) that sets the terms and conditions for your use of this web site (the “Site”). In this Agreement, “P2P Financial Inc.”, “The OCMX”, “we,” “us,” or “our” means The OCMX The Site is owned and operated by The OCMX 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 The OCMX, please contact us by email at email@example.com or by mail at The OCMX , 161 Bay Street, 45th Floor, Toronto, ON, M5J 2S1.
- ELIGIBILITY: The eligibility to register, participate and use the Site is subject to final determination by The OCMX. 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.
- 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.
You should memorize your passwords rather than keep any written record of them. However, if you decide that you truly need to keep a written record, you agree that:
- 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).
YOU ARE RESPONSIBLE FOR ANY LOSSES THAT RESULT FROM YOUR OWN USE OF YOUR DISPLAY NAME, EMAIL, OR YOUR PASSWORDS, OR FROM ANY OTHER USE BY A PERSON THAT YOU AUTHORIZED (CONTRARY TO THIS SECTION) TO USE YOUR DISPLAY NAME, EMAIL, OR YOUR PASSWORDS. YOU ARE ALSO RESPONSIBLE FOR ANY LOSSES THAT RESULT IF SOMEONE ELSE USES YOUR DISPLAY NAME AND PASSWORDS WITHOUT YOUR AUTHORITY, BUT YOUR ACTIONS OR INACTION CONTRIBUTED TO THAT UNAUTHORIZED USE.
- 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.
- TRADEMARKS: Certain names, words, titles, phrases, logos, icons, graphics, or designs on the pages of this Site are trade names or trademarks owned by The OCMX 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.
- PATENT INFORMATION: Technologies and processes embodied in and used by this Site may be covered by one or more current or pending The OCMX patents.
- INTELLECTUAL PROPERTY WAIVER: The posting of the Contents of this Site neither constitutes a waiver of any of The OCMX’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.
- WARRANTIES: The contents of this website have not been independently verified and they do not purport to be comprehensive, or to contain all necessary information to make an investment decision. Except for suitability obligations and other obligations under securities law or unless P2P Financial Inc., doing business as The OCMX, (“The OCMX”) has expressly stated that The OCMX will be bound to the representation, term, warranty or undertaking, no representation, implied terms, warranty or undertaking of any kind is given by The OCMX and no responsibility or liability is or will be accepted by The OCMX, or by its directors, employee or advisors, in relation to the accuracy or completeness of this document or any other written or oral information based on the information provided by the third party that is made available through or in connection with The OCMX.
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.
- NO LIABILITY FOR USE OF SITE: EXCEPT FOR SUITABILITY OBLIGATIONS AND OTHER OBLIGATIONS UNDER SECURITIES LAW, P2P FINANCIAL INC., DOING BUSINESS AS The OCMX, (“The OCMX”) 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 The OCMX OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
The OCMX 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 AND IF WE COMMUNICATE SUCH INFORMATION OVER THE INTERNET.
- HYPERLINKS & THIRD-PARTY SITES: Hyperlinks to other Internet resources or web sites are used at your own risk. The OCMX 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 The OCMX 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.
- 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 The OCMX, 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. The OCMX 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 The OCMX. 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 or to or through The OCMX
- AMENDMENT AND TERMINATION: This Agreement is effective until terminated by The OCMX. 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.
- 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.
- 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 The OCMX by offering this Site to any jurisdiction where it is prohibited by law.
- SUBMISSIONS: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or The OCMX (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of The OCMX. 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.
- 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.
- 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.
- 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.
- OTHER AGREEMENTS: This Agreement shall be subject to any other agreements you have entered into with The OCMX. In the case of a conflict between the provisions of this Agreement and an agency agreement, the terms of the agency agreement shall prevail.
- 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 The OCMX.
- 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.
- ELECTRONIC MESSAGING: You hereby agree and grant us an express and implied consent to contact you via e-mail in regards to The OCMX. You may opt out from this section by sending a request to firstname.lastname@example.org or by following the unsubscribe procedure provided in our emails.
REFUND POLICY: All Fees and Commissions referred to on this website are non-refundable upon receipt of payment.
- OPT-IN CONDITIONS: By filling out our ‘Send us an email’ online form, ‘Contact Us’ form, an ‘online chat’ form, ‘schedule an appointment’ form, or by signing up to our website, you are providing expressed consent to receive The OCMX’ (and any of our affiliate companies’, including, but not limited to Optimize.ca, Optimize Capital Markets, P2P Financial Inc., Optimize Inc., Optimize Wealth Management, and The OCMX) newsletters and emails containing news, updates and promotions regarding any of our companies’ products or services. You can withdraw your consent at any time by sending an email to email@example.com.
- You agree that by using The OCMX website, you agree to, acknowledge, and will be bound by: