Derivatives Institute, The Montréal Training Center offering derivatives courses: stock options courses, futures trading courses, risk management training


TERMS AND CONDITIONS OF USE
BY ACCESSING OUR Website OR E-LEARNING SERVICES, YOU ACCEPT TO BE A PARTY TO THIS AGREEMENT (THE “AGREEMENT”) AND TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT ACCESS OUR Website OR E-LEARNING SERVICES IN ANY MANNER.

Bourse de Montréal Inc. is offering e-learning services through the Website located at www.d-x.ca. Bourse de Montréal Inc. and The CE Network Inc. are separate legal entities that are working together under the name TotalCE for the purpose of offering e-learning services through the Website located at www.totalce.com

In these terms and conditions, the term "Website" refers to each of the Websites www.d-x.ca and www.totalce.com, as well as to any other TotalCE Websites. Bourse de Montréal Inc. and The CE Network Inc. are collectively referred to herein as the “Course Providers” and are sometimes referred to as “we” or “us”. The term “Course Providers” and the terms “we” and “us” also refer to the Bourse de Montréal Inc. individually when it offers e-learning services through the Website located at www.d-x.ca.

1. The Parties - Effective Date. This Agreement is between you, the user of any of the Course Providers’ products and/or services on this Website, and the Course Providers. Reference herein to the "Parties" means both you and the Course Providers. The effective date of this Agreement is when you accept this Agreement in accordance with the procedure set out above.
2. Scope of this Agreement. This Agreement contains the terms and conditions that are applicable to your use of this Website and of any of the Course Providers’ products and/or services (whether the fees therefore are being paid by yourself or a sponsoring corporation), including your initial registration within the Course Providers’ environment, the taking by you of any course (either upon your initial registration or at a later time), and the downloading and subsequent use of course-related manuals and material. THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE SIGNED A SEPARATE PURCHASE OR LICENSE AGREEMENT WITH ANY OF THE COURSE PROVIDERS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

3. Amendments. The Course Providers may amend the terms and conditions of this Agreement at any time by posting the amended terms on the Website, and sending you a notice of the amendment by e-mail. All amended terms shall be effective immediately upon such notice, and this Agreement as thereby amended will thereafter govern your use of this Website and of any of the Course Providers’ products and/or services.
4. Consent to Electronic Documents. You hereby consent to the exchange of information and documents between the Parties electronically over the Internet or by e-mail, if to you to your electronic address communicated to us in your registration form, or if to the Course Providers at contact@d-x.ca. You agree that this Agreement in electronic form shall be the equivalent of an original written paper agreement between the Parties.

5. Registration. In order to have access to the Course Providers’ products and services, you agree to register with the Course Providers. The Course Providers will provide a password to access the online learning environment. This password is personal to you. You agree to safeguard your password, and not to disclose or transfer your password to others. The Course Providers reserve the right to cancel any registration if they discover that a password is being used by more than one person or has been given to another person, regardless of whether the other person actually uses it.

6. Payment Terms. Terms of payment are within the Course Providers’ sole discretion and unless otherwise agreed to by the Course Providers, payment must be received by the Course Providers prior to your having access to any of the Course Providers’ products and/or services. Payment for the Course Providers’ products and/or services and support may be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by the Course Providers. If credit terms have been agreed to by the Course Providers, invoices are due and payable within thirty (30) days after the date of the invoice. You agree to pay interest on all amounts past due at a rate of one and one half percent 1.5% per month (19.56% per year).

7. Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, Web pages, text, files, software, e-learning courses, course manuals and materials, product names, company names, trademarks, logos and trade names contained on this Website (collectively the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are the property of either Bourse de Montréal Inc., The CE Network Inc. or a third party, as the case may be. You acknowledge that you do not acquire any ownership rights by downloading any Content from the Website.
8. Permitted Use. The Course Providers grant to you a limited, personal, non-transferable and non-exclusive license to access, read and download one copy of the Content for your personal and non-commercial use only. You shall not use, distribute, modify, transmit the Content, or any part thereof, or create any link to the Content without the Course Providers' prior written permission. You are not permitted to use any trademarks displayed in the Content without the prior consent of the Course Providers or of the third party who owns the trademarks. In the event of any permitted copying, redistribution or publication of material from the Website, you will make no changes in or deletion of author, attribution, trademark legend or copyright notice.

9. Disclaimer and Limitation of Liability. The Course Providers’ products and services, including
e-learning courses, interfaces, software, course manuals and materials (collectively the "Courses") are administered by the Course Providers and their only purpose is to provide you with information and education. Although the Course Providers have taken all necessary measures to ensure the quality and accuracy of the information provided in the Courses, all content available in the Courses, including simulations and interactive animated equations, are presented purely for pedagogical and demonstrative purposes. The information provided in the Courses shall not be interpreted in any jurisdiction as an advice or recommendation concerning investment in any products or underlying security. The information provided shall not be interpreted as legal, accounting, financial or tax advice and the Course Providers recommend that you consult your own experts in accordance with your needs. The Course Providers do not guarantee the accuracy or completeness of any market information or product information that is displayed on a delayed or real time basis in the Courses.

THE COURSE PROVIDERS CANNOT GUARANTEE THAT THE CONTENT AVAILABLE IN THE COURSES IS FREE OF ANY MISTAKE, ERROR OR INACCURACY AND WHILE SUCH INFORMATION MAY HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, IT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COURSE PROVIDERS MAKE NO REPRESENTATION OF ANY KIND AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, NON-INFRINGMENT, ACCURACY, FREEDOM FROM VIRUSES OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW OR OTHERWISE. FURTHER, THE COURSE PROVIDERS MAKE NO WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE COURSE PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THIS WEBSITE OR OTHERWISE RELATING TO SUCH CONTENT.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL.

THE TRANSMISSION OF INFORMATION ON THE INTERNET CAN BE INTERCEPTED BY THIRD PARTIES. THEREFORE, NONE OF THE COURSE PROVIDERS WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERCEPTION OF CONFIDENTIAL INFORMATION YOU COMMUNICATE OVER THE INTERNET.

THE COURSE PROVIDERS HAVE NOT REVIEWED ALL OF THE SITES LINKED TO THE WEBSITE AND DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, INFORMATION OR MATERIALS POSTED ON ANOTHER SITE LINKED DIRECTLY OR INDIRECTLY TO THIS WEBSITE. THE INCLUSION OF ANY LINK TO A WEBSITE DOES NOT IMPLY ENDORSEMENT BY ANY OF THE COURSE PROVIDERS OF SUCH WEBSITE. USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL THE COURSE PROVIDERS OR ANY OF THEM BE LIABLE TOWARDS YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY OMISSIONS OR ERRORS OF ANY OF THE COURSE PROVIDERS OR FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OF ANY COURSES OR FROM THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT IN ANY COURSES.

IN NO CASE WILL THE COURSE PROVIDERS’ TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL THE COURSE PROVIDERS OR ANY OF THEM BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, ANY OF THE COURSE PROVIDERS’ CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COURSE PROVIDERS OR ANY OF THEM.

FOR THE PURPOSES OF THIS SECTION, THE EXPRESSION “COURSE PROVIDERS” SHALL INCLUDE BOURSE DE MONTRÉAL INC., THE CE NETWORK INC. AND THEIR RESPECTIVE AFFILIATES, AS WELL AS BOURSE DE MONTRÉAL INC.’S AND THE CE NETWORK INC.’S AND THEIR RESPECTIVE AFFILIATES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
10. Applicable Law. You agree to comply with all applicable laws and regulations of the various provinces and of Canada. You agree and represent that you are purchasing the Courses for your own personal use only, and not for resale.
11. Modifications to Website. The Course Providers reserve the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. The Course Providers shall not be liable to you or any third party should the Course Providers exercise such right. Modifications may include, but are not limited to, changes in the content and/or fees of the Courses.
12. Termination. You agree that the Course Providers may, in their sole discretion, terminate or suspend your access to all or part of the Website for any reason, including without limitation, breach of the terms and conditions of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and the activity may be referred to appropriate law enforcement authorities. The disclaimers, limitations on liability, ownership, termination and interpretation provisions of this Agreement shall survive the termination or expiry of this Agreement.
Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the Website; and (b) notify the Course Providers of your termination.
13. Governing Law. This Agreement and all related transactions will be governed by the laws of the Province of Quebec and the applicable laws of Canada and shall be treated in all respects as a Quebec contract, without reference to the principles of conflict of laws. The Parties hereby agree to the exclusive jurisdiction of the courts of the Province of Quebec.
14. Language. The parties hereto confirm that it is their wish that this Agreement as well as all other documents relating hereto have been and shall be drawn up in English only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents s'y rattachant, soient rédigés en anglais seulement.
15. Confirmation of Contract and Print Request. The Agreement between you and the Course Providers for the use of the Course Providers’s products and services has been successfully completed. Please print a copy of the terms of the Agreement for your reference.
16. Privacy Reminder. The Course Providers respect your privacy. To review a copy of our Privacy Policy outlining our collection, use and disclosure of your personal information, please click on the Privacy link or call 1-866-871-7888
     
 
 
Derivatives Institute Customer Service Phone Number 1-866-871-7888