Numistat.com

Website Terms of Use

 

May 25, 2018

1.        General

The following Website Terms of Use shall govern your use of all websites operated by Numistat  (“Numistat”), including,  www.numistat.com (referred to collectively herein as the “Websites”).  By accessing and using the Websites, you accept and agree, without limitation, to be bound by the Website Terms of Use.  If you do not accept these Website Terms of Use, you may not use the Website or any of the products or services provided or made available therein.

The Website Terms of Use apply when accessing the Website by any means, including via computer, mobile device or other technology.  In addition, the Website Terms of Use apply when accessing, using or downloading any information, products, software, applications or services available on the Websites (collectively referred to herein as the “Services”).

 Subject to and in compliance with the terms and conditions set forth herein, Numistat may provide its users with access via the Websites to:

The Free Service are collectively referred to herein as the "Services".

You also understand and agree that the Services may include certain communications from Numistat, such as service announcements and administrative messages that You may not be able to opt out of receiving.

2.        Risk

2.1.    No Advice

The information provided in the Websites and in any of the Services is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice.  Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional. 

You understand that no content published as part of the Services constitutes a recommendation that any particular action, investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You understand that the views expressed in the Services are the authors' own opinions, that trading in investments involves risk and volatility and that past results are not necessarily indicative of future performance. The Services may contain opinions which may differ from or contradict those in another portion of the Services.

You understand and agree that, from time to time, one or more Contributors or their affiliates may have a position in precious metals written about.  In addition, certain of Numistat’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell precious metals, precious metals related securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.

Numistat makes no representations regarding Third-Party or User Generated Content, nor is Numistat liable for Third-Party or User Generated Content.

You understand that any data is supplied by sources believed to be reliable, that any calculations made using such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made to prior articles and opinions published on the Websites. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

2.2.     Market Risk

Investments in precious metals and financial markets involve risk to investment principal and can be volatile. Purchasing precious metals often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal financial choice before taking any decisions that may affect your situation.  Precious metal products and accounts are not insured by the Canadian Deposit Insurance Corporation, Canadian Investor Protection Fund or other similar program and may lose value. You should always conduct your own research and due diligence and obtain professional advice before making any investment decision.

3.        Exclusion of Warranties

3.1.    Information on Websites

The information, material and content provided on the Websites or in any of the Services (referred to collectively herein as the “Content”) is provided on an "as is" basis and your use of the Websites and the Services is entirely at your own risk.  Numistat makes no warranties of any kind with respect to the Content provided on the Websites and by the Services, whether express or implied, including, but not limited to, warranties as to usefulness, accuracy, completeness, reliability, fitness for a particular purpose, and non-infringement.

3.2.    Availability

Numistat does not represent or warrant that the Websites or any of the Services available or obtained therein will be provided on an uninterrupted basis, and that there will be no delays, difficulties in use, errors, security breaches, omissions or loss of transmitted information.

Numistat makes no representations or warranties that the Websites or Services are appropriate or available for use in all jurisdictions outside Canada.  Please be aware of the applicable laws and regulations of your country.

4.        Limitation of Liability

4.1.    Confidentiality & Security

Numistat adheres to the highest security measures to ensure your data is protected against theft, loss, and corruption, and against the misuse and alteration of any of your data stored on our servers.  However, when you access your account via a public or unsecured computer terminal or if you chose to share your account username and password (“Electronic Identification Information”), Numistat cannot guarantee the security of your data.

Numistat respects your privacy (see Numistat's privacy policy).  However, unprotected communications over the Internet, such as via email or cellular phones, are not confidential or secure, may be intercepted, lost, or altered.  We highly recommend that you not include private and sensitive information in any unprotected communications with Numistat, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. 

Numistat specifically disclaims any liability with respect to any email communications, text messaging, or other like unprotected communications, whether initiated by you or Numistat.  Numistat will not be liable or responsible for any damages suffered in connection with such modes of communication.

4.2.    No Liability

Numistat shall not be liable under any circumstances whatsoever for any loss or damage, including any direct, indirect, special, incidental, consequential or exemplary damages or for any indirect or punitive losses or damages (including lost profits or lost savings), arising out of or in connection with the Websites, or the Services; with your use of or inability to use or access the Websites or the Services; or with links to other third party sites, whether or not caused by the fault or neglect of Numistat and whether or not Numistat had knowledge that such losses or damages might be incurred.

4.3.    Force Majeure

Numistat shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but Numistat shall use commercially reasonable endeavors to minimize dangers or losses to you as a consequence of such events.

5.        Your Obligations and Liability

5.1.    Compliance

You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

5.2.    Use

You agree to use the Websites and the Services only for purposes that are permitted by the Website Terms of Use, as well as any other terms, conditions, policies, legal notices and disclaimers to which the Services may be Subject.

You are solely responsible for the User Generated Content You post. You must comply with any rules posted by the Websites and the Services

The Websites and the Services may include article submission and comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to the Websites and the Services, and interaction between users. While Numistat does not control the information/materials posted by users (the "User Generated Content"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the User Generated Content and to terminate your access to and use of the Websites and the Services.

In addition You agree not to:

You also agree that at all times You will:

Numistat has no control over individuals posting User Generated Content on any of the Websites or the Services. Numistat cannot guarantee the accuracy, integrity or quality of any User Generated Content. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the Websites and the Services and should not rely on the Websites and the Services when you make (or refrain from making) any specific investment or other decision.

It is not possible for Numistat to fully and effectively monitor infringement of third-party rights in User Generated Content. If you believe that any content infringes your legal rights, you should notify Numistat immediately by contacting our customer service center by using the "Report Abuse" function provided. Repeated misuse of the “Report Abuse" function will result in your access to the Websites and Services being terminated.

By submitting User Generated Content to the Websites and the Services you are granting Numistat a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the User Generated Content in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. You waive any moral rights that you may have in regard to the User Generated Content that you submit.

5.3.    Protection of Electronic Identification Information

It is your obligation to ensure that your Electronic Identification Information is kept secret.  You hereby agree to keep your Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.

 

5.4.    Customer liability

Numistat will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof. You must contact Numistat if you suspect unauthorized use of your Electronic Identification Information. Numistat will not be held liable should you fail to disclose any unauthorized use of Electronic Identification Information and any of your Numistat accounts.

You will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Numistat of the suspected unauthorized use.

5.5.    Indemnification

You agree to defend, indemnify and hold harmless Numistat, its affiliates and related companies and each of their respective officers, directors, employees, consultants and agents, from and against any and all claims, liabilities, expenses, actions or demands, including without limitation reasonable legal and accounting fees and expenses, arising from or related to: (a) your breach of any of these Website Terms of Use or any other terms, conditions, policies, legal notices and disclaimers on the Websites; (b) your access or use of the Websites or Services; or (c) your use or reliance on, or publication, communication, transmission or distribution of the Content or Services.  Numistat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  You agree to co-operate as fully as reasonably required in the defense of any claim.

6.        Intellectual Property

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Websites or in any of the Services are and will remain the sole property of Numistat (or its suppliers where applicable).

All Content supplied by Numistat, constitutes part of Numistat's confidential and proprietary information.  In accessing the Websites or any of the Services, it is strictly prohibited to copy, reproduce, republish, store, retransmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the Content, and any software or applications used by Numistat in connection with the Websites or any of the Services, except as explicitly otherwise authorized by Numistat.

Because we host User-Generated Content as a part of portions of the Websites or the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Websites or the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Numistat, deemed to be property of Numistat, and by submitting such content You irrevocably assign any and all rights to such content to Numistat.

"Numistat.com", the "Numistat Logo" and certain other marks used on Numistat Portfolio of Websites are trademarks and/or service marks of Numistat. All other trademarks, service marks, and logos used on Numistat Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.

7.         Links to and from Third Party Websites

The Websites or the Services may include links to other third party Websites and resources (collectively, “Linked Sites”), enabling you to leave the Websites or the Services in order to access them, or may incorporate materials or information from other Linked Sites.  Unless otherwise expressly provided, Numistat provides these links, materials and information as a convenience and not as an endorsement or approval of Linked Site, its information, opinions, advice, services or products.   Numistat is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

You may not create links between the Websites or the Services and another site without Numistat’s prior written consent.  Unless otherwise expressly agreed, such links must not imply that Numistat is associated in any way whatsoever with another website or that Numistat endorses or approves of its content. You acknowledge and agree that Numistat may request at any time, at its sole discretion, that a link be removed.

Numistat is not responsible or liable for any third party website link to or from the Websites or the Services, any website link to or from those third party websites, the content of those websites, or their products or services.

Viral Content Distribution

Numistat may grant you—but only through express written permission—the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available on the Websites for such purposes ("Viral Distribution").

Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on any online bulletin board, message board, newsgroup, website or chat room ("Third-Party Site") that permits users to post content, so long as the posting is allowed pursuant to the Third-Party Site terms and conditions, and provided that the Third-Party Site does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on the Websites, you may engage in Viral Distribution pursuant to these Terms, but you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.

Additionally, any limited, revocable permission to post such links on a Third-Party Site requires that You comply with the following guidelines:

Notwithstanding anything contained herein, we reserve the right to deny You permission to link to the website for any reason in our sole and absolute discretion.

8.     Downloads, Software and Applications 

Numistat may make some Services available for download from the Websites or from third party websites (the “Downloaded Services”).  Any and all Downloaded Services are the copyrighted work of, and owned by, Numistat and its affiliates and related companies. 

Numistat grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Downloaded Services for your personal, non-commercial use only, provided that you not modify the Downloaded Services, that you maintain all copyright and other proprietary notices, and that Numistat, or any other third parties, retain full and complete title to the Downloaded Services and all intellectual property rights therein.

You acknowledge and agree that the Downloaded Services are protected by copyright laws, and that, without limiting the generality of the foregoing, copying, re-selling, disassembling, redistributing or reproducing the Downloaded Services is strictly prohibited. 

You acknowledge and agree that it is your responsibility to review, assess and evaluate the Downloaded Services and any other related terms and conditions to which the Downloaded Services may be subject, and which you may be provided with during the download process, and that all risk associated with the downloading and use of the Downloaded Services rests with you.  Numistat, its affiliates and related companies, will not be responsible or liable for any damages, difficulties or consequences encountered as a result of or during the download process or the use of or reliance on the Downloaded Services. 

9.    Modifications

Numistat reserves the right, at its sole discretion, to add to, remove or change these Terms of Use without notice at any time.  Except as otherwise expressly provided, changes will be effective immediately upon posting on the Websites.  Review these Website Terms of Use regularly.  Your continued use of the Websites or any of the Services after any such changes are posted will mean you accept the changes.

Numistat also reserves the right to unilaterally amend or withdraw any information, products or services provided or described on the Websites and the Services without notice at any time.

10.     Miscellaneous

10.1. Advertising, Third Party Content and other Web Sites.

The Websites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Numistat is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Numistat is not responsible for the availability of these websites or their content.

10.2. Changes to Terms and Conditions

Numistat reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to You. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. You will be responsible for accepting the Terms and Conditions for every subsequent transaction

10.3. Applicable Law and Jurisdiction

The Website Terms of Use are construed in accordance with and governed by the laws applicable in the State of Vermont and the laws of the United States applicable therein. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of Vermont in respect of all matters or disputes arising from the use of the Websites or of any of the Services, except as otherwise specifically stated herein.

10.4.  Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.  

10.5.  Privacy

Numistat respects your privacy.  Our privacy policy is available at: http://www.numistat.com/privacy.html