Terms of Use

The following terms and conditions ("Terms of Use") govern the relationship between you and TSX Alpha U.S., Inc. ("AlphaX US" or “we” or “us” or “our”) in the use of the us.tmxalphax.com website, located at us.tmxalphax.com ("the Website"). By using the Website, you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use. If these Terms of Use are not acceptable to you, please do not use the Website.

We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Website. Your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of Use.

In this Terms of Use, the phrase "Service Providers" includes, but is not limited to, any licensors, suppliers, information providers or other third parties, including affiliates of AlphaX US, that provide, from time to time, any data, information, content, application, tool, feature or service for purposes of the Website.

Rights Granted and Restrictions on Use

AlphaX US grants to you a limited, non-exclusive, non-transferable license to view and print the material on the Website for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on the Website. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, design, layout, information, data, market data (including quotes), software, applications, interactive features, tools, services or other material or content on or made available through the Website (referred to collectively, as the "content" of the Website) without AlphaX US' prior written permission. You acknowledge and agree that the Website and its content are the property of AlphaX US or its Service Providers, as applicable, and you do not acquire any rights or licenses in any trademarks, patents, copyright or other intellectual property on the Website or in its content. The Website and its content are protected by copyright, both individually and as a collective work or compilation, and by trade-mark law, patent law and any other applicable laws.

Your Authority to Use the Website

By using the Website, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the Website and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Website or its content, your sole and exclusive remedy is to stop using them.

Disclaimers

The content on or made available through the Website is for informational purposes only and is not intended to provide legal, accounting, tax, investment, financial or other advice and such content should not be relied upon for such advice. AlphaX US, its Service Providers and each of their respective affiliates, directors, officers, agents and representatives do not guarantee the completeness or accuracy of the content nor do they assume any liability for any errors, inaccurate, delayed or incomplete content, nor for any actions taken in reliance thereon. The content contained on or made available through the Website, including, without limitation, the content obtained through Service Providers or through any other link, has been supplied by such Service Providers or other third parties without verification by us. The views, opinions and advice of any third party provided on the Website reflect those of the individual authors and are not endorsed by us. Neither the Website nor its content is an invitation to trade securities on the alternative trading system operated by TSX Alpha U.S., Inc. nor is it an endorsement or recommendation of any security trading on such a venue. THE WEBSITE AND ITS CONTENT ARE INTENDED FOR PROFESSIONAL PARTICIPANTS ONLY AND IS NOT INTENDED FOR RETAIL CUSTOMERS.

ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THE WEBSITE AND THE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. ALPHAX US AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ALPHAX US AND ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.

No Damages

ALPHAX US AND, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE (OR A WEBSITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY ALPHAX US’ OR ITS  SERVICE PROVIDERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Links

As a convenience to you, the Website may contain links to a number of websites. The privacy policies and procedures described here do not apply to those websites,and we suggest that you review the information on such websites’  data collection and distribution policies. Your linking to such websites or pages is at your own risk. AlphaX US  is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these linked websites. AlphaX US  provides these links merely as a convenience and the inclusion of such links does not imply that AlphaX US endorses or accepts any responsibility for the content or uses of such websites.

Trademarks

You are not permitted to use any of the trademarks displayed on the Website (including, without limitation, those listed below) without the prior written consent of the trademark owner. 

The following are trademarks of TSX Inc. and are used under license: TSX 

The following are trademarks of Alpha Exchange Inc. and are used under license:  Alpha, and AlphaX. 

The following are trademarks of AlphaX US’s Information Providers: [TBD]


Hyperlinks

Unless you have a written agreement in effect with AlphaX US  which states otherwise, you may only provide a hypertext link to the Website on another website, provided that (a) the link must be a text-only link clearly marked "AlphaX US Home Page" or ["us.tmxalphax.com"]; (b) the link must "point" to (i.e. link the user directly to) the URL us.tmxalphax.com  and not to other pages within the Website; (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AlphaX US’ name and trade-marks; (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by AlphaX US; (e) the link, when activated by a user, must display the site full-screen and not within a "frame" on the linking website; and (f) AlphaX US  reserves the right to revoke its consent to the link at any time in its sole discretion.

No links may be made to or from any of the content provided by Service Providers without their prior written permission.

Non-Confidential Use of Your Postings

Any non-personal communication, comments, ideas or material that you post or transmit to AlphaX US is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material through the Website (or through any contact information found on the Website) you grant to AlphaX US  an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your communication for any purpose. You also agree that AlphaX US is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; or (b) we first notify you that the materials or other information you submit to a particular part of the Website will be published or otherwise used with your name on it.

Protecting Information

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of loss, interception, alteration or misuse of information you provide to us or any information transmitted over the Internet. Please see our Privacy Policy for further details.

Changes to Terms of Use

AlphaX US  reserves the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Website Modification

AlphaX US  may change the Website, including eliminating or discontinuing any content on or made available through the Website, at any time and in its sole discretion.

Violations of Terms of Use

AlphaX US reserves the right to take any action against you for any real or perceived violation of these Terms of Use, including blocking access from a particular Internet address to the Website.

Other Countries

The Website can be accessed from countries around the world and may contain references to AlphaX US’  products and services that are not available or accessible to you. These references do not imply that AlphaX US  intends to launch such products or services  in your country. AlphaX US  makes no representation that the content on the Website is appropriate or available for use in other locations, and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access the Website  do so on their own initiative and their own risk and are responsible for compliance with local laws.

Laws

The Website (excluding linked sites) is controlled by AlphaX US  from its offices within the State of New York, USA. By accessing the Website, you and AlphaX US  agree that all matters relating to your access to, or use of, the Website shall be governed by the statutes and laws of the state of New York or the federal laws applicable therein, without regard to the conflicts of laws principles thereof. You and AlphaX US  also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of New York with respect to any and all matters arising in connection with these Terms of Use.

How to Contact Us

If you have any questions about these Terms of Use or the Website, please contact us at our e-mail address AlphaXUS@tmx.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

Caution Regarding Forward-Looking Information

The Website may contain "forward-looking information" (as defined in applicable US securities legislation) that is based on expectations, assumptions, estimates, projections and other factors that management believes to be relevant as of the date of the content published on the Website. Often, but not always, such forward-looking information can be identified by the use of forward-looking words such as "plans", "expects", "is expected", "budget", "scheduled", "targeted", "estimates", "forecasts", "intends", "anticipates", "believes", or variations or the negatives of such words and phrases or statements that certain actions, events or results "may", "could", "would", "might" or "will" be taken, occur or be achieved or not be taken, occur or be achieved. Forward-looking information, by its nature, requires us to make assumptions and is subject to significant risks and uncertainties which may give rise to the possibility that our expectations or conclusions will not prove to be accurate and that our assumptions may not be correct.

Such forward-looking information is based on a number of assumptions which may prove to be incorrect. While we anticipate that subsequent events and developments may cause our views to change, we have no intention to update this forward-looking information, except as required by applicable securities law. This forward-looking information should not be relied upon as representing our views as of any date subsequent to the date on each individual page of content or documents included on the Website. You should not place undue reliance on forward-looking information.

Contact Us

To learn about AlphaX US™ and its trading capabilities, contact the team at alphaxus@tmx.com or 1.332.900.6690.