Agreement to Terms and Conditions:
Your use of this product/service provided by Costigan Reports Inc. (“Costigan”) and any of its contents made available to you is subject to the following terms and conditions (the “Terms”). By subscribing to Costigan’s private subscription blog (the “Product”) or by using the Product in any way you agree that you: (a) have read and understand the Terms, (b) have the capacity and authority to agree to be bound by the Terms; and (c) are bound by all of the Terms.
Changes to Terms and Conditions:
Costigan may change the Terms at any time. A notification of such change(s), as well as the revised terms and conditions, will be posted our Newsfeed page of costiganreports.com You will be responsible for regularly checking and for reviewing any changes to the terms and conditions. By using the Product after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Subscription:
You may not use the Product without a valid subscription from Costigan. To obtain a subscription, you must register for the Product by completing the online registration form. Your subscription will not be valid unless and until Costigan accepts your registration. By registering for the Product, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Costigan promptly of any changes to this registration information.
You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. The term “subscription term” shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
COSTIGAN RESERVES THE RIGHT TO CHANGE THE SUBSCRIPTION SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SUBSCRIPTION (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by these Terms; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.
Charges and Billing Practices:
Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Product during that term.
Costigan reserves the right to change the fees it charges at any time in the future.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, provincial, state, and local taxes) will be billed automatically to the credit card you provide when subscribing. If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Costigan, and if we do receive such information, it will be treated by Costigan as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Costigan (as set forth below) if any information related to your credit card changes is no longer valid or of any other change to the information you provided Costigan regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Costigan will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Costigan shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by Costigan in collecting any unpaid subscription fees or other charges from you.
Cancellation:
You may cancel your subscription by contacting info@costiganreports.com.
Costigan may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of these Terms; or (ii) your use of or access to the subscription or the Product violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Product or any other service offered by Costigan. None of the foregoing limits any other legal, equitable, or contractual rights available to Costigan.
Costigan may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
Ownership and Intellectual Property:
You acknowledge and agree that the Product (including, without limitation, all information contained in or associated with it) is owned by Costigan and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Product contains certain proprietary data and information of Costigan, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from improper distribution or use.
License to Use the Product:
Subject to the Terms, Costigan grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Product, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Product to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Subject to the Terms, you may download or print hard copies of pages or reports from the Product or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:
Copyright Costigan Reports Inc. All rights reserved.
There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Products and/or to download and/or print pages or reports (e.g., the number of downloads may be limited or you may be required to pay additional fees for downloads beyond a certain number or you may be required to provide additional information). In all cases, the Terms (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Product and you agree to comply with it.
Except as expressly set forth in the Terms, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Product, or any portion of it (including, but not limited to, any download or printed copies made from it) without Costigan’s prior written consent.
Costigan has the right, at any time without notice, to revoke or limit your license to use the Product (or any portion of it).
User Password:
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under the Terms). You are responsible for all use, activities, and charges associated with or arising from any use of your password, regardless of whether you authorized such use. You must promptly notify Costigan of any unauthorized use of your password.
Third-Party Websites, Links, and Information:
The Product may contain information, products, and services provided by third parties and links (including advertisements) to websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of the Product. Costigan does not make any representations or warranties, express or implied, regarding this information or these products, services, or websites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Product does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Costigan with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.
Disclaimers and Limitation of Liabilities:
The Product service is provided “as is” with all faults. Costigan disclaims all warranties of any kind regarding the service, either express or implied, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, ownership, non-infringement, accuracy of informational content, and absence of viruses and damaging or disabling code. Costigan does not warrant the accuracy, completeness, or timeliness of the Product. Costigan has no obligation to update the Product or to correct any errors or omissions that might be contained in it. Costigan shall not be responsible for investment decisions, damages, or other losses resulting from use of the service. Past performance does not guarantee future performance.
NEITHER COSTIGAN NOR ANY PERSON THROUGH WHOM COSTIGAN MAKES THE PRODUCT AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE TERMS, THE PRODUCT, OR THE USE OF, OR RELIANCE ON, THE PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY COSTIGAN (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THESE TERMS OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF COSTIGAN ARISING FROM OR RELATING TO THE TERMS, THE PRODUCT, AND THE USE OF, OR RELIANCE ON, THE PRODUCT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, COSTIGAN SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF COSTIGAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Costigan and its affiliates from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Product; (ii) your breach of the Terms; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Product (including, without limitation, in any Forum Area (as defined below) that may be made available as part of the Product).
Governing Law and Jurisdiction:
These Terms shall be governed and construed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Each of the parties hereto hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia with respect to any matters arising out of these Terms.
Entire Terms:
These Terms shall constitute the entire agreement between you and Costigan regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Severability:
To the maximum extent possible, each provision in these Terms shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in these Terms.
These Terms were last updated on August 12th, 2016.