Terms and Conditions

These terms contain legal obligations and form an agreement between you and The Markets Watch Inc., as applicable (collectively, the “The Markets Watch Companies,” “us,” “we,” or “our”). Please read these terms carefully before using, accessing or browsing any of our Properties.

The Markets Watch is Owned and Operated by News By AI Inc.

These terms were last updated on: April 2, 2024.

Access and Use

These are the main terms of use for The Markets Watch Companies’ daily and community brands, and cover all related websites, properties, offerings, applications and services that do not have a separate set of terms. By accessing, browsing, downloading, enabling, installing or otherwise using any The Markets Watch Company website, digital property, audio offering, mobile application and/or mobile-enabled site that does not have a separate set of terms, including themarketswatch.com, and any related applications (collectively, the “Properties” and each a “Property”); or any product, content, feature, software or service available in or on a Property (each a “Service,” and collectively with the Paid Services as defined below, the “Services”), including Services offered on a payment basis (such services, the “Paid Services” and each a “Paid Service”), you agree without limitation or qualification to be bound by these terms and such other terms and conditions, rules and policies which you may be directed to or are displayed in connection with the use of a Property or Service, all as amended and updated from time to time (collectively, the “Terms”). If you have not read, or do not understand, or do not agree to these Terms, you may not use the Properties or Services.

We reserve the right, in our sole discretion, to change these Terms, in whole or part, at any time. Except as otherwise provided in these Terms, any change will be effective when notice of the change is posted on a Property. Please check back regularly for updates by checking the date of the last update above. Your continued use of any Property or Service following the posting of amended Terms will mean you accept those changes. We reserve the right to modify, suspend, remove or discontinue any of the Properties, Services, or Content (as defined below) or any part of them from time to time without notice or liability for any reason whatsoever. We also reserve the right at any time to charge fees for access to, and to change any limits applicable to obtain free access to, all or any portion of the Properties, Services or Content. In such event, although your access to the applicable Property, Service or Content may be restricted or denied, you will not be charged for access unless we obtain your prior agreement to pay such charges.

You may not access or use, or attempt to access or use, the Properties or Services to take any action that could harm us or a third party. You may not access parts of the Properties or Services which you are not authorized to access. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Properties, Services, or Content, including the presentation or display of advertising. Being exposed to advertising is a condition of your accessing the Properties, Services, and Content.

Restrictions on Use of Content and Materials

The Properties and Services and all content made available thereon, including articles, stories, text, photographs, images, illustrations, audio and video clips and other content (collectively, the “Content”) are the property of the applicable The Markets Watch Company or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Terms, The Markets Watch Companies grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the applicable Property, Service and Content on your computer or other personal electronic device. This license is for personal, non-commercial, and educational purposes only. You cannot use any Property, Service or Content in connection with any commercial purpose, unless you obtain our written consent in advance. You are not permitted to alter or modify, or remove any copyright notice from, any Property, Service or Content. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Nothing contained herein shall grant any license or right to use any Content in any manner other than as explicitly set forth in these Terms without the prior written consent of the applicable The Markets Watch Company or such third party that may own the Content displayed on the Property or Service. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including by framing, caching or other similar means, without the prior written consent of the applicable The Markets Watch Company, and, if applicable, the copyright owner of such Content.

Trademarks

All trademarks and trade names used, mentioned or displayed on the Properties or in the Services are trademarks or registered trademarks of the applicable The Markets Watch Company or of their respective owners. The display of trademarks or trade names on each of the Properties does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.

Registration

To post comments, make submissions or access Content on, or to use some of the Services and Properties, you may be required to register. Should you choose to register, you agree to provide accurate, complete and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.

From time to time, we may allow you to register using certain social media login credentials, such as Facebook or Google. Should you choose to do so, you agree that we may collect, use and disclose your information from the social media account in accordance with these Terms and our Privacy Policy. Our access to your personal information will vary according to the particular social media credentials used. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between us and your social media account.

You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Properties, and (b) all activities, transactions, subscriptions and purchases that are effected, made or incurred through such password or account, including any applicable fees for Paid Services, together with applicable taxes. Further, you agree to immediately notify us of any unauthorized use of your password or account.

If you provide us with any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to any or all of the Properties or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

Accounts are offered for individual use only. Registration is strictly restricted to one account per person. You may not pretend to be someone else or register on behalf of other people. You may not use registration credentials that we deem offensive or otherwise inappropriate, in our sole discretion. You may not share your registration information with or give your account login credentials to anyone else. Your account may be suspended or terminated and services, products or coupons you have requested or obtained may be withheld, deleted, withdrawn or invalidated without notice if there is any suspicion that you or anyone in your household has misused your account, registered for multiple or fraudulent accounts, shared login credentials or breached any other portion of these Terms.

Paid Services

If you have subscribed to a Paid Service, your use of that Paid Service and related Content will be governed by the subscription terms applicable to that Paid Service, in addition to these Terms. You agree that you will not share the Content you receive through the Paid Service with anyone except as explicitly permitted by these Terms and the subscription terms applicable to that Paid Service. You will be required to register as described at the time of registration for a Paid Service, and you will be assigned an account for such Paid Service.

Termination

You may terminate your account by emailing us at admin@themarktetswatch. Termination of Paid Services will be governed by the applicable subscription terms.

You agree that we, in our sole discretion, may temporarily suspend or permanently terminate your password, account, or use of any or all of the Properties or Services and remove and discard any User Postings (as defined below) at our convenience or for any reason, including if we believe you have violated or may violate these Terms. You agree that any suspension and/or termination of your access to or use of the Properties or the Services may be effected without prior notice and that we will not be liable to you or to any other person as a result of any such suspension or termination.

User Control and Uninstall

You can access and change certain user settings for the Properties and Services by following the instructions applicable to your device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation or if you have other questions or concerns about the Properties or Services or these Terms, please consult your device manual/troubleshooting guide for reference or contact us at admin@themarktetswatch.

User Representations and Warranties

You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to us, directly or indirectly, is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iv) you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting “ country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties; and (v) you are complying and will continue to comply with any applicable third party terms of agreement when accessing or using any Property or Service (e.g., you have not and will not violate your wireless provider’s data service agreement when accessing or using the Services or Properties).

In cases where you have authorized a minor to use a Property or Service you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor’s access to and use of a Property or Service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas or portions of a Property or Service, as well as some content other users may post on or within the Properties or Services, may contain material that is inappropriate for minors.

User Conduct, Indemnification and License Granted

All information, data, text, software, graphics, images, avatars, video, audio, applications, code, photographs, messages, ideas, reviews, opinions, comments, submissions, suggestions or other materials created by users on any part of the Properties or Services, including any comment forums or chat boards, (“User Postings”) are the responsibility of the user creating the User Postings. THE The Markets Watch COMPANIES HAVE NO RESPONSIBILITY FOR USER POSTINGS AND DO NOT GUARANTEE OR PROVIDE ANY WARRANTY WITH RESPECT TO THE ACCURACY, INTEGRITY OR QUALITY OF THE USER POSTINGS. However, we retain our right, which we may or may not exercise, in our sole discretion, to review, edit, move, refuse, block or delete any User Postings for any reason whatsoever. We will not be liable to you or any third party for any modification or discontinuance of your User Postings. We do not control the User Postings posted on the Properties or Services and do not guarantee the accuracy, integrity or quality of such User Postings.

You acknowledge and agree that we may preserve User Postings and may also disclose any related information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms or to protect ourselves, our users and/or the public.

You hereby represent and warrant that you have all necessary rights in and to all User Postings you provide, and that such User Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to post, transmit, link to, upload or otherwise submit or distribute any User Postings that:

• infringe any proprietary or other rights of third parties, including any copyright, trademark, patent, trade secret, privacy or other proprietary or property right;
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;
• include any material that is inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent, abusive, violent, exploitative, tortious or otherwise unlawful;
• denigrate a class of people because of their race, religion, country of origin, sexual orientation, disability, age or gender;
• depict violent or criminal acts, or seek to incite violence or crime;
• include any material that relates or pertains to any “hate group,” for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
• include a photograph of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
• involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities including making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
• include any material or undertake any activity that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• distribute or contain spam, chain letters or pyramid schemes;
• harvest or otherwise collect or use any information about other users of the applicable Property or Service, including email addresses or phone numbers, without their consent and without complying with all applicable legal requirements;
• are in any language other than English or French;
• are false or misleading, including in the locator, sender information or subject matter of an electronic message;
• contain opinions, notices or discussion topics that would be more appropriately posted on a social media site;
• contain any keywords that are not directly related to the item you are offering;
• contain or use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of a Property, Service or Content, or in any way reproduce or circumvent the navigational structure or presentation of such Property, Service or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Property, Service or Content without our express written consent;
• contain or use any disabling mechanism or feature designed to prevent the use of any Property, Service, or Content, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete, damage or disable any Property, Service, or Content.

You do not have permission to add other users of a Property or Service to any mailing or e-mail list for commercial purposes, even if a user has purchased something from you, unless the user has provided you with consent in accordance with all applicable laws.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH APPLICABLE The Markets Watch COMPANY, ITS PARENT, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES ARISING FROM OR RELATED TO: ANY BREACH OF THESE TERMS; YOUR ACCESS TO OR USE OF ANY PROPERTY, SERVICE, OR CONTENT; YOUR BREACH OF ANY APPLICABLE LAW (INCLUDING ANY ANTI-SPAM LAW); OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE PROPERTIES, SERVICES OR CONTENT. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

By contributing User Postings to the Properties, you give (or warrant that the owner of such rights has expressly given) to us and our affiliates a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, sub-licensable right and license to host, cache, store, copy, tag, index, encode, use, reproduce, modify, edit, adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), excerpt, publish, translate, broadcast, transmit, create derivative works from, distribute, sell, re-sell, perform, display, publicly perform and publicize such User Postings anywhere, for any purpose and in any form, media or technology now known or later developed, without any notice or compensation to you. You also grant us the right to sub-license, transfer and authorize others to exercise any of the rights granted to us under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to us under these Terms. You further authorize us to publish your User Postings in a searchable format that may be accessed by users of the Properties, the Services and the Internet. Such license will apply with respect to any form, media or technology now known or later developed. In addition, you hereby waive any moral rights in such materials and User Postings, or where applicable, warrant they have been waived by the appropriate third party. You further agree that we are free to use any ideas, concepts, know-how, suggestions, or techniques contained in any of the User Postings for any purpose whatsoever including developing, manufacturing and marketing products using such information, without compensation to you.

Links to Third-Party Sites

The Properties, Services and Content may contain links or references to other sites, services, offerings or applications that are not part of the Properties or Services and which are not controlled by The Markets Watch Companies. The inclusion of a link does not imply endorsement by us. If you decide to visit any linked site, service, offering or application, you do so at your own risk, and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site, service, offering or application. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ON ANY SITE, SERVICE, OFFERING OR APPLICATION LINKED FROM A PROPERTY OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.

Unless otherwise indicated on a Property, we are not sponsored by or affiliated with any linked sites, services, offerings or applications, and trademarks used in connection with linked sites, services, offerings or applications are not our trademarks.

Professional Information Disclaimer

The Properties, Services and Content may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields (“Professional Information”). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of any Property, Service or Content does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that we do not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including investment and financial planning decisions. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred arising out of, relating to, or in connection with the use of, or reliance on, any Professional Information.

Third-Party Advertisements

Third-party advertisers and other third-party content providers, including merchants, vendors, sellers, service providers and third-party providers of related information, content and videos (each, an “Advertiser” and collectively, “Advertisers”) may offer goods, services, content, information and other materials to you on the Properties. Your correspondence and business dealings with Advertisers including the payment for and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, content, information or other materials on the Properties.

Descriptions of, or references to, products, services, information or publications within the Properties do not imply endorsement of that product, service, information or publication. Your dealings or communications through the Properties with any party other than a Markets Watch Company are solely between you and that third party. If you choose to correspond or transact with Advertisers or other third parties through our Properties or Services, you do so at your own risk. You and the appropriate third party, not The Markets Watch Companies, are responsible for compliance with all laws applicable in any such transaction. It is your responsibility to use caution and common sense, and to evaluate the accuracy, completeness, reliability or usefulness of any information, opinion, advice, claim, representation or other content made available by any Advertisers or other third parties through the Properties or Services. Under no circumstances will we be liable for any goods, services, resources, information or content made available by or to any third party or through such third-party dealings or communications, or for any harm related thereto. Please review carefully any third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials, products, information, content or services provided by third parties should be forwarded directly to the third party.

In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the Properties or through the Services. We publish “for sale” listings on certain of the Properties and through certain Services (including wheels.ca, autocatch.com, and tradyo.com) without verification or endorsement. We cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretenses. The Markets Watch Companies have no responsibility or liability for any damages, losses, costs, expenses or injuries that you may incur in connection with items or services listed for sale by Advertisers or other third parties on the Properties or Services.

Privacy

By using the Properties or Services you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy, and you acknowledge that you have read, understood and agree to our Privacy Policy. In accordance with our Privacy Policy, you may request a deletion of your personal information at any time. Please contact us with any such requests at admin@themarktetswatch.

Ideas, Suggestions and Submissions

We would be happy to hear any ideas or suggestions related to improvements or additions to the Properties, Services or Content. All such ideas, suggestions and any other ideas, suggestions, materials or content you submit or provide to use (collectively, “Suggestions”) will be subject to these terms, and any disclosure of such Suggestions will not under any circumstances be subject to any obligation of confidentiality or expectation of compensation. By providing us with a Suggestion, you are waiving any and all rights that you may have in the Suggestion, and you are representing that the Suggestion is wholly original to you, that no one else has any rights in the Suggestion, and that we are free to implement the Suggestion as provided, or as modified by us, without notice or compensation to you or any permission or license from a third party.

Should you choose to submit a story, photograph, tip, idea or other material for publication or use on one or more of the Properties or Services, the submission will be subject to our standard Submission Terms, or such other terms as we agree to in writing with you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING THE PROPERTIES, SERVICES AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PROPERTIES, SERVICES OR CONTENT, OR ANY WEB SITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE FUNCTION OF THE PROPERTIES, SERVICES OR THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF MALFUNCTIONS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES, TAMPERING, OR OTHER UNAUTHORIZED INTERVENTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE), SHALL WE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. IN NO EVENT SHALL THE The Markets Watch COMPANIES’ AGGREGATE TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, EXPENSES, COSTS, LIABILITIES AND CAUSES OF ACTION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THE APPLICABLE PROPERTY, SERVICE, OR CONTENT; AND (II) 100 CANADIAN DOLLARS. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING US OR MAKING ANY OTHER SUBMISSIONS OVER THE INTERNET.

You expressly acknowledge that we have relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the Properties, Services and Content available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and The Markets Watch Companies.

Jurisdiction and Governing Law

The Properties and Services are provided by The Markets Watch Companies. Our offices are located in Ontario, Canada. If you choose to access or use the Properties or Services from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable. 

These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, you agree that any formal legal dispute arising out of, relating to or in connection with these Terms or the Properties or Services shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to or in connection with use of the Properties or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable The Markets Watch Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. Throughout these Terms, the words “including” and “includes” mean “including without limitation.”

Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be a breach of these Terms.

These Terms, including all terms, policies, and guidelines referenced in these Terms, together with any agreement governing your use of Paid Services, where applicable, is the entire agreement between you and The Markets Watch Companies concerning the Properties, Services and Content. These Terms supersede all prior agreements or communications between you and us regarding the subject matter of these Terms.

The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.

In the event of any conflict, discrepancy or inconsistency between the English language version and the French language version of these Terms, the English version shall prevail, govern and control.

Additional Terms applicable only to users of the iOS version of a mobile application (the “App”)

These additional terms are applicable to you only if you have downloaded the App from the Apple App Store. You and we acknowledge that these Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its contents, and only to the extent provided in these Terms. You are only licensed to use the App on Apple-branded devices running iOS that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App. Apple is not responsible for addressing any claims of the end-user or any third party relating to the App or the end-users possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You and we agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.