Terms of Use
Last updated: December 12, 2021
Please read these Terms of Use carefully before using Our Service
BY USING THE WEBSITE INDICATES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
These Terms of Use set forth the legal terms and conditions governing Your use of our Website located at arcticrich.com and any other online and mobile Websites, blogs and interactive applications operated by Arctic Rich
Arctic Rich offers a personalized subscription service that allows our members to access their Personal and Market Financial Information along with the relevant Knowledge on Financial Literacy (“Arctic Rich content”) published over the Internet to certain Internet-connected computers and other devices ("Arctic Rich ready devices")
Interpretation and Definition
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Use:
Application means the software program provided by Arctic Rich, which may be downloaded by You on any electronic device, named Arctic Rich.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Ontario, Canada
Arctic Rich (referred to as either "Company", "We", "Us" or "Our" in this Agreement) refers to Arctic Rich Inc., 161 Bay Street, 27th Floor Toronto, ON, M5J 2S1
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by Arctic Rich to You.
Terms of Use (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and Arctic Rich regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or Arctic Rich, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Use governing the use of this Service and the agreement that operates between You and Arctic Rich. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service
You represent that You are over the age of 18. Arctic Rich does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Arctic Rich. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service is available only with a paid Subscription. You will be billed in advance on a recurring and monthly basis.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or Arctic Rich cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting Arctic Rich. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide Arctic Rich with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, Arctic Rich will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Arctic Rich, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Arctic Rich will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by Arctic Rich on a case-by-case basis and granted at the sole discretion of Arctic Rich. However, in any situation total refund amount shall not exceed:
(1) the total subscription fees paid in the six months prior to the date of the initial refund request made to Arctic Rich, or
(2) C$100.00.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Arctic Rich and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arctic Rich.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Arctic Rich. If for any reason such assignment is ineffective, You agree to grant Arctic Rich a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Arctic Rich.
Arctic Rich has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Arctic Rich shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Use and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
If, notwithstanding the other provisions of these Terms of Use, Arctic Rich is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Website or any Content, Arctic Rich’s liability shall in no event exceed the greater of
\(1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against Arctic Rich, or
(2) C$100.00.
To the maximum extent permitted by applicable law, in no event shall Arctic Rich or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Arctic Rich or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some provinces and states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these provinces and states, each party's liability will be limited to the greatest extent permitted by law.
Restrictions on Use
You may not use the Service for any illegal purpose, for the violation of any law or regulation, or in any manner inconsistent with the Terms of Use.
You agree to use the Service solely for Your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Arctic Rich or any of its suppliers.
Except as expressly permitted by Arctic Rich in writing You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or exploit any part of the Service in any way.
You may not recirculate, redistribute, or publish the analysis and presentation included in the Service without Arctic Rich’s prior written consent. Nothing contained in the Terms of Use or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Arctic Rich or such third party that may own the Service or intellectual property displayed on this site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED.
Any use of the Service other than as permitted by the Terms of Use will violate the Terms of Use and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the Terms of Use by others as soon as You become aware of.
You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Arctic Rich.
The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by You or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by You to any third party.
You may not input, distribute, upload, post, email, transmit or otherwise make available any content through any Service.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Arctic Rich in any manner which creates the impression that such items belong to or are associated with You or are used with Arctic Rich’s consent, and You acknowledge that You have no ownership rights in and to any of such items.
You may neither interfere nor attempt to interfere with or otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service.
You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service.
You shall not breach the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means.
You may neither take nor attempt any action that, in the sole discretion of Arctic Rich, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service.
You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of Arctic Rich.
You may not forge headers or manipulate other identifiers for disguising the origin of the content.
"AS IS" and "AS AVAILABLE" Disclaimer
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARCTIC RICH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Arctic Rich, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Arctic Rich provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Arctic Rich nor any of Arctic Rich's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Arctic Rich are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Arctic Rich reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Arctic Rich
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Use
Arctic Rich reserves the right, at its sole discretion, to add, remove or modify any portions of these Terms of Use at any time. It is Your sole responsibility to check these Terms of Use from time to time for changes. Your continued use of the Website following the posting of changes will indicate that You accept and agree to the changes. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Arctic Rich grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website, subject to Your compliance of these Terms of Use.
Contact Us
If You have any questions about these Terms of Use, You can contact us:
By email: terms@arcticrich.com