Terms & Conditions

Last amended as of October 9, 2009.

This website www.seagelinvest.com is owned and operated by Seagel Investment Ltd. (hereinafter as "Seagel", "we", "us" or "our").  Your access to and use of this website is subject to the following terms and conditions of use (the "Terms and Conditions") and all applicable laws. Please read the following Terms and Conditions prior to using this website.

1. Acceptance of the Terms and Conditions and any Amendments

1.1 Acceptance. By accessing, browsing or using this website, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions. YOU ALSO ACKNOWLEDGE THAT SEAGEL MAY PERIODICALLY CHANGE, MODIFY, ADD OR REMOVE OR OTHERWISE UPDATE THESE TERMS AND CONDITIONS AT ITS DISCRETION, WITHOUT PRIOR NOTIFICATION.

These Terms and Conditions are in addition to any other agreements between you and us that may govern your use of our products, services, content, tools and information referred to on this website.

Your use of this website is governed by the version of the Terms and Conditions in effect on the date this website is accessed by you.  If you use the website after the amended Terms and Conditions have been posted, you will be deemed to have agreed to the Terms and Conditions, as amended.

2. Authorized Use

2.1 Personal Use. This website is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing.

2.2 No solicitations. Nothing on this website shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.

2.3 No Investment Recommendations or Professional Advice.  This website is not intended to provide any tax, legal or investment advice, and nothing on the website should be construed as a recommendation, by us or any of our affiliates, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.  Unless otherwise specified, you alone are solely responsiblete or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

3. Prohibited Uses and Means of Access

3.1 Prohibited Uses. Because all servers have limited capacity and are used by many people, you may not use the website in any manner that could damage or overburden any Seagel server, or any network connected to any Seagel server. You may not use the website in any manner that would interfere with any other party's use of the website.

No material from the website may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any way, on any support, in total or in part, without Seagel's prior written consent.  You may browse the website, but you may only access, download or use information from this website for your own personal and non-commercial use. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any website material without obtaining the express prior written consent of Seagel, and any authorized use must cite the URL source and  maintain any and all copyright or other proprietary notices contained herein.

3.2 Password protected areas. Access to and use of password-protected or secure areas of the website is restricted to authorized users only. You may not obtain or attempt to obtain unauthorized access to such parts of our website, or to any other protected materials or information, through any means not intentionally made available by us for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal or civil prosecution.

4. Privacy and Personal Information Transmission

4.1 Personal Information Transmission. Your use of the website may involve the transmission of personal information. “Personal information" refers to information such as your name, birth date, e-mail address, mailing address, telephone number or IP address that can be used to identify you. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the website. Generally, Seagel will not process your personal information without your consent. However, we reserve the right, in exceptional circumstances to conduct additional processing to the extent permitted or required by law, or in support of any legal or criminal investigation.

4.2 Privacy.  We currently do not require you to provide any personal information to use the website.  We will, however, collect the personal information you voluntarily provide us.  We also may automatically collect general anonymous information related to your use of our website for the purposes of monitoring and improving the use and features of the website; including the date and time you visit the website and the pages you visit. Our servers may automatically collect information about the type of browser you use and the name of your Internet Service Provider.  In addition, we may collect "cookie" information from your browser to identify your computer and provide us with a record of your visits to our website.  The technology used to gather "cookie" information is provided by the Internet browser you use, and stored on your browser.  You may set your browser to disable or refuse to accept cookies, although doing so may affect your viewing of the website.

Some services may require registration to process personal information. In the case of such registration, you may need to complete certain fields (some may be required and others may be optional), as well as choose a user name and password. In these situations, if you choose to withhold any personal information requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.  Your personal information is maintained in accordance with any applicable legal or ethical reporting or documentation retention requirements.

4.3 Non-Disclosure of Information. Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Seagel and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Seagel is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

We will not sell, share, or otherwise distribute your personal information to third parties, except as provided herein. In the event that the business of this site and the customer information connected with it is sold, assigned or transferred, we would require the buyer, assignee or transferee to treat personal information in accordance with the Terms and Conditions. Also, we may disclose personal information only as required by applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any legal or criminal investigation.

4.4 Usage monitoring. We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this website, or your use of this website. By using the website, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the website, the security of the website, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the website, the security of the site, compliance with these Terms and Conditions, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your website usage and enforce, or fail to enforce, these Terms of Us. You further agree that in no event will Seagel, or any of its affiliates, be liable for any damages incurred by you as result of our usage monitoring.

5. Intellectual Property Rights

5.1 Intellectual Property. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information contained in this website are proprietary to Seagel.  Seagel reserves the right to take legal action against any violation of its intellectual property rights. You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used except as otherwise indicated. You should assume that all product names appearing on this website, whether or not appearing with a registered trademark symbol are trademarks of Seagel.  This website may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Seagel or other parties.

5.2 Permitted uses. Seagel grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this website on any computers or other electronic display device of which you are a user, for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the website only for lawful purposes, for Permitted Uses. No other use of the website is authorized unless you and we have agreed otherwise in writing.  With the exception of the foregoing limited authorization of use, no license to or right in the website information, or any copyright of Seagel or of any other party is granted or conferred to you.  No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Seagel or other parties is granted to or conferred upon you. Seagel neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Seagel.

5.3 Copyright Policy and Claims Procedure. We reserve the right to remove from our website, any content that is alleged to infringe someone's copyright. If you reasonably believe that your copyrighted work is accessible on this website in a way that constitutes copyright infringement, please contact us at: info@seagelinvest.com.

6. Disclaimers

6.1 Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF SEAGEL'S DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SEAGEL PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY ASPECT OF THE SITE. NONE OF THE SEAGEL PARTIES WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE SEAGEL PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THIS SITE, PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME.

YOUR EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU. ALL OF THE SEAGEL PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SEAGEL PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTES THAT MAY BE OBTAINED FROM THE USE FO THIS SITE.

6.2 Website Links. This website may include links to third party websites, which have separate and independent terms and conditions of use.  We recommend you read carefully those terms and conditions of use as we have no control over such third party websites and therefore have no responsibility or liability for the manner in which the organizations operating such linked sites may collect, use or disclose and otherwise treat your personal information. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible for the content of any other sites or any products or services that may be offered through other sites.

6.3. Security and Confidentiality. To ensure the security and confidentiality of personal information that we collect on-line, we may use information networks protected, inter alia, by industry standard firewall and password protection. In the course of handling your personal information, we may take measures reasonably designed to protect that information from loss, misuse, unauthorized access, disclosure, alteration or destruction. However, we cannot guarantee against any loss, misuse or alteration to information despite any efforts to prevent such unfortunate occurrences. We discourage you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.

6.4 Not responsible for third party damages. Seagel and its affiliates also disclaim responsibility for damages third parties may cause to you through the use of this website, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that Seagel will not be responsible for any related damages.

6.5 Cautions about future or "Forward-looking Statements". Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance or other projections are "Forward-looking Statements". These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of Seagel or any of its affiliates. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects.

6.6 Limitation of Liability. YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SEAGEL PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING SNOWSTORM, FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE SEAGEL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE SEAGEL PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, PROVINCIAL AND LOCAL LAWS.

THESE LIMITATIONS OF LIABUILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY SEAGEL PARTY OR NEGLIGENCE OF ANY SEAGEL PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.7 Indemnification. As a condition of your use of the website, you agree to make the Seagel Parties and their third party providers whole for any and all claims, losses, liabilities and expenses (including but not limited to attorneys' fees) arising from any use of the website or your violation of these Terms and Conditions.

7. General Provisions

7.1 Governing law and forum. This website is controlled and operated by Seagel from its offices within Ontario, Canada. This Agreement will be governed and interpreted under the laws of the province of Ontario and the laws of Canada applicable therein and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

7.2 Severability. If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

7.3 Amendment and Modification. Seagel reserves the right to make changes, corrections or improvements to the website, and to the products and services described therein, at any time without notice. Seagel may from time to time, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. Seagel reserves the right to discontinue this website at any time without notice and without liability.

7.4 Miscellaneous. Failure by Seagel to enforce any provision(s) of these Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions inure to the benefit of Seagel, its successors and assigns. You may not assign the Terms and Conditions. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by Seagel.

8. TERMINATION

8.1 Termination. You, acknowledge and agree that Seagel may restrict, suspend or terminate the Terms and Conditions or your access to, and use, of the all or any part of website, including and links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms and Conditions, in Seagel's absolute direction and without prior notice or liability. The relevant version of the Terms and Conditions shall continue to apply to all prior use of the website. The following paragraphs set out in this Terms and Conditions shall survive termination of your use or access to the website: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the website. 

Contact Us

If you wish to contact us regarding our use of your personal information, or if you would like to make any recommendations or comments to improve the quality of our website, please e-mail us at info@seagelinvest.com. Requests to delete personal information will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on us.