TERMS & PRIVACY
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. MONTAG PRIVATE WEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Montag Private Wealth of the contents of such third-party websites. Montag Private Wealth is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Montag Private Wealth encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Montag Private Wealth or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. Montag Private Wealth reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Montag Private Wealth.
Please note that information sent or received over the Internet is generally unsecure and Montag Private Wealth cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Any consent by Montag Private Wealth to, or waiver of, a breach of this Agreement, which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Montag Private Wealth that expressly reference this Agreement, this is the entire agreement between you and Montag Private Wealth relating to the matters contained herein.
All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by Montag Private Wealth, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF MONTAG PRIVATE WEALTH.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MONTAG PRIVATE WEALTH, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MONTAG PRIVATE WEALTH KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MONTAG PRIVATE WEALTH, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF MONTAG PRIVATE WEALTH HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MONTAG PRIVATE WEALTH, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF MONTAG PRIVATE WEALTH OR YOUR FAILURE TO PROTECT YOUR INFORMATION SUBMITTED BY YOU ON THE WEBSITE FOR REGISTRATION WITH THE WEBSITE OR YOUR PASSWORD OR ACCOUNT INFORMATION.
MONTAG PRIVATE WEALTH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL MONTAG PRIVATE WEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE MONTAG PRIVATE WEALTH AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM ARISING FROM MAKING AN ONLINE DONATION OR FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
Software Licenses and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by Montag Private Wealth, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trade-marks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
The Website may allow you to purchase many different types of products and services online that are provided by third parties (the “Third-Party Merchandise”). Montag Private Wealth is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party website hosted by the Website or linked from the Website, the information obtained during your visit to any third-party website and the information that you give, such as your credit card number and contact information, is collected by the third-party website and not by Montag Private Wealth.
You release Montag Private Wealth and its officers, members, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your Third-Party Merchandise made available on the Website or by third-party websites through the Website.
Montag Private Wealth may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website (or any portion thereof). Montag Private Wealth may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
The following trademarks are owned by Montag Private Wealth (or are licensed for use by Montag Private Wealth):
Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of Montag Private Wealth or third parties. While certain trade-marks of third parties may be used by Montag Private Wealth under license, the display of third-party trade-marks on the Website should not be taken to imply any relationship or license between Montag Private Wealth and the owner of said trade-mark or to imply that Montag Private Wealth endorses the wares, services or business of the owner of said trade-mark. Nothing contained on the Website should be construed as granting you any license or right to use any trade-mark logo or design of Montag Private Wealth or any third party, without the written permission of Montag Private Wealth or the respective owner of any third-party trade-mark.
The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial or other advice to you, and you should not rely upon the information to provide any such advice.
The Website may provide features that allow you to post messages and content, to interact with Montag Private Wealth and other users and to upload files, documents or other materials (collectively, “Submissions”). When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of Montag Private Wealth imposes an unreasonable or disproportionately large load on the Montag Private Wealth Website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trade-mark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Website, you grant Montag Private Wealth a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Montag Private Wealth; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Montag Private Wealth is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.
Montag Private Wealth is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Montag Private Wealth.
While Montag Private Wealth is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party’s right to access and use the Website (or any portion thereof).
If Montag Private Wealth authorizes you in writing to use Content to create new content, including for example and without limitation a “mash-up” for a Montag Private Wealth contest or promotion or otherwise (“Derivative Content”), the following shall apply: (i) You may only copy and use Content that is provided specifically for creation of the Derivative Content (the “Authorized Content”), and you may not use any other Content owned by Montag Private Wealth or found on the Website. You may only copy and use the Authorized Content to create the Derivative Content and you may not otherwise use, copy, modify, distribute, transmit, transfer, sell or exploit the Authorized Content. You shall have no right, title or interest in the Authorized Content, and will erase or destroy any Authorized Content in your possession upon submission of the Derivative Content to the Montag Private Wealth; (ii) Unless explicitly stated otherwise, the Derivative Content shall be deemed to be a Submission pursuant to this section; (iii) Upon creation, you shall immediately communicate the Derivative Content to Montag Private Wealth, and the Derivative Content shall be Montag Private Wealth’s sole and absolute property. You irrevocably assign, transfer and abandon all of your right, title and interest in and to the Derivative Content to Montag Private Wealth. Accordingly, Montag Private Wealth has the exclusive right to implement and authorize any provision under any law pertaining to intellectual property, including without limitation, the right to protect in its own name, as owner and author, the Derivative Content and any of its derivatives under law. You agree that you may not use the Derivative Content except as specifically authorized in writing by Montag Private Wealth; and
(iv) Montag Private Wealth may terminate at any time your right to access and use any or all Authorized Content and/or, to the extent any right to use has been granted, Derivative Content.
Notice and Procedure for Making Claims of Copyright Infringement
To be effective, the notification of infringement must be a written communication that includes the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To use certain features of the Website, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Montag Private Wealth immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Montag Private Wealth cannot and will not be liable for any loss or damage arising from Montag Private Wealth’s failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Website (excluding linked Websites) is controlled by Montag Private Wealth from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Content Feeds / RSS
Montag Private Wealth may provide content feeds on or through the Website including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, non-commercial use. You may display, excerpt from, and link to the Content Feeds on your personal website, weblog, or similar application for personal, noncommercial purposes, provided that:
• the links redirect the user to the Website when the user clicks on them;
• you do not insert any intermediate page, splash page or other content between the links and the applicable Website page;
• the use or display does not suggest that Montag Private Wealth promotes or endorses any third party causes, ideas, websites, products or services;
• the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted; and
• you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal website, weblog or similar application,
o you may not redistribute the Content Feed; and
You agree to remove any link to the Website and/or access to a Content Feed upon the request of Montag Private Wealth.
(Last Updated: 09/17/2014)
We only collect information that you voluntarily provide to us with your consent and knowledge. Any information that you may submit for the purpose of searching for events, subscribing to an e-mail or newsletter service or participation in a discussion forum, or other reasons, is used by us to facilitate the service being provided. However, if you decide to make online orders with us for items that we may have for sale from time to time, we may ask for or collect information such as your name, billing and shipping addresses, phone numbers, credit card information, e-mail addresses, or other user registration information in connection with such services. We may also ask for or collect information by completing voluntary surveys or if you choose to make a donation to Montag Private Wealth. We may also obtain, from time to time, information through automatic tracking of IP addresses and browser types for systems administration purposes, in addition to information about the Website, features, links or other data about site browsing and purchasing (“Information”).
Use Of Information
We may place a “cookie” on your computer so that we may provide you with a better browsing experience while visiting the Website. Other “cookies” may be placed on your computer by us or our advertisers to gather broad non-identifiable demographic information about users of our Website. If you do not want us or others to place “cookies” on your computer, most internet web browsers include a function that will allow you to stop “cookies” from being placed on your computer. Please see your instruction manual or help feature for your browser on how to do this.