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Terms & Conditions

Please Read the Following Terms and Conditions Carefully

The Private Capital Market Association of Canada, a not for profit professional corporation formed under the Canadian Business Corporations Act, and its affiliates (herein referred to as “PCMA”, “we,” “us” or “our”) provides and makes available this website. By using the websites made available by PCMA and on which these Terms and Conditions appear (including but not limited to “https://www.pcmacanada.com/” and “http://fairandbalancedregs.com/staging/3792“) and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted with the Service or a component thereof). The term “User” refers to a Visitor or a Member. If you do not agree to these Terms and Conditions, you should not use the Service. PCMA reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Member and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service. To understand our privacy practices, please review our Privacy Policy, which also governs your use of the Service.

1. Product Purchase

From time to time, PCMA may offer products for sale as part of the Service. PCMA reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. PCMA does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order.

2. Trademarks and Copyrights

PCMA, the PCMA logo, and other PCMA trademarks and logos are registered and unregistered trademarks and service marks of PCMA (the “PCMA Trademarks”), and the trade dress of PCMA’s products is owned by PCMA. All other trademarks on the Service are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the PCMA Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of PCMA specific for each such use. The Trademarks may not be used to disparage PCMA or the applicable third party, PCMA’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without PCMA’s prior written consent. All goodwill generated from the use of any PCMA Trademark shall inure to PCMA’s website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by PCMA. All rights reserved.

The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third-Party Trademarks may not be currently in use on our Service.

3. Restrictions on Use

All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of PCMA or its licensors and are protected by Canadian and international copyright laws. The compilation of all content and material on the Service is the exclusive property of PCMA and protected by Canadian and international copyright laws. Notwithstanding the foregoing, PCMA is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by PCMA may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of PCMA. Modification or use of the content or material for any other purpose would violate PCMA’s and/or its licensors’ intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by PCMA and/or its licensors. PCMA does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to Canadian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk.

Any other intellectual property embodied in the Service or PCMA products, including without limitation patents, issued or pending, are the sole property of PCMA and/or its licensors.

Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify PCMA of any unauthorized use of your username and password by sending an email to [email protected].

PCMA may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) PCMA shall have no liability to you or any third party in such case. PCMA shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.

Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 19 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 19 years of age.

You are solely responsible for your interactions with other Members. PCMA reserves the right, but has no obligation, to monitor disputes between you and other Members.

4. Policy Concerning Claims of Infringement

It is the policy of PCMA to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. PCMA will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and the Notice and Notice Regime under the Copyright Modernization Act of Canada, and other applicable intellectual property laws with respect to any alleged or actual infringement.

All notices as to matters of copyright infringement should be sent to our designated agent at the following address:

Private Capital Market Association of Canada
David Gilkes, Chairman
Suite 5700, 1 First Canadian Place
100 King Street West, Toronto, ON
M5X 1C7

Notices as to matters of copyright infringement should contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit PCMA to locate the material.
  4. The address, telephone number or email address of the complaining party.
  5. 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.
  6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PCMA reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom PCMA believes is violating any such rights of others.

Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Suffolk County, Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, PCMA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PCMA has adopted a policy of terminating, in appropriate circumstances and at PCMA’s sole discretion, users who are deemed to be repeat infringers. PCMA may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Submissions and Communications

You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person’s copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without PCMA’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that PCMA endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph of another person that you have posted without that person’s consent.

By submitting Content to PCMA through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to PCMA the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will PCMA be required to treat any Content as confidential (subject to the Service’s Privacy Policy). PCMA will be entitled to use the Content for any purpose whatsoever (consistent with the Service’s Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, PCMA will not be liable to you or any other person for any ideas for PCMA’s business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of PCMA.

You acknowledge that you are responsible for whatever Content you submit, and you, not PCMA, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

PCMA shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, PCMA shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).

6. Links

The Service may link to other websites which are not maintained by PCMA and which are owned and operated by third parties. You acknowledge that PCMA is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by PCMA and/or the Service. Viewing any website linked to the Service is at your own risk.

You may not link to any of the websites in the Service other than the top-level of the applicable website (e.g., https://www.pcmacanada.com/ or https://pcmacanadaconferenceandawards.com/ or http://fairandbalancedregs.com/staging/3792) from another site without PCMA’s written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without PCMA’s written consent.

7. Indemnification

You hereby agree to indemnify, defend and hold harmless PCMA and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. PCMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PCMA. You shall cooperate as fully as reasonably required in the defense of any claim.

YOUR OBLIGATIONS UNDER THIS SECTION 7 (INDEMNIFICATION) ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS APPLICABLE TO YOU. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS APPLICABLE TO YOU, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

8. Disclaimer

PCMA, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “PCMA PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PCMA PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER APPLICABLE CANADIAN AND PROVINCIAL LAWS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PCMA PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PCMA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE PCMA PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE PCMA PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.

THIS SECTION 8 (DISCLAIMER) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER APPLICABLE LAWS. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER SUCH LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

9. Limitation of Liability

THE PCMA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. THE PCMA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE PCMA PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE PCMA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE PCMA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.

THIS SECTION 9 (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS APPLICABLE TO YOU. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS APPLICABLE TO YOU, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

10. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 (DISCLAIMER) AND 9 (LIMITATION OF LIABILITY) MAY NOT APPLY TO OR BE ENFORCEABLE WITH RESPECT TO USERS FROM SUCH JURISDICTIONS.

11. Termination

PCMA may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. PCMA may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.

Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 4 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 5 (SUBMISSIONS AND COMMUNICATIONS), 6 (LINKS), 7 (INDEMNIFICATION), 8 (DISCLAIMER), 9 (LIMITATION OF LIABILITY), 11 (TERMINATION) and 16 (MISCELLANEOUS) shall survive the termination of this Agreement.

12. No Resale

You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by PCMA in writing.

13. Additional Terms

In order to participate in certain contests, promotions, or other special programs made available through the Service, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to this Agreement and the applicable Program Terms, provided, however, that in the event of a conflict between the Program Terms and this Agreement, the applicable Program Terms will govern.

14. Compliance With Applicable Laws

This Service is based in Toronto, Ontario. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Canada. If you access the Service or the Content from outside of Canada, you do so at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

The laws of Canada control the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

15. Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

16. Miscellaneous

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Province of Ontario applicable to contracts entered into and performed exclusively in Ontario. Any court of competent jurisdiction sitting within Toronto, Ontario will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.