Terms of Use for IBC Financial (ibcfinancial.com)

1. Introduction and Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of all content, products, and services available at https://ibcfinancial.com (the "Website") operated by IBC Financial, a marketing branch of Canadian World Creation Center (CWCC) (collectively referred to as "IBC Financial," "we," "us," or "our").

By accessing or using any part of our Website or services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use our Website or services. These Terms, along with our Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and IBC Financial concerning the Website and our services.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

2. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website and our services.

3. Access and Use of the Website

3.1. Eligibility: You must be at least 18 years old and a resident of Canada to use our Website and services. By using the Website, you represent and warrant that you meet these eligibility requirements.

3.2. License to Use: Subject to these Terms, IBC Financial grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.

3.3. Prohibited Uses: You agree not to use the Website: a) In any way that violates any applicable federal, provincial, local, or international law or regulation. b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. c) To impersonate or attempt to impersonate IBC Financial, a IBC Financial employee, another user, or any other person or entity. d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm IBC Financial or users of the Website or expose them to liability.

4. Intellectual Property Rights

4.1. Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by IBC Financial, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. Restrictions: You must not: a) Modify copies of any materials from the Website. b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. d) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

5. User Accounts

5.1. Account Creation: Where use of any part of our Website requires an account, you agree to provide us with complete, accurate, and updated information. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.

5.2. Account Responsibility: You accept responsibility for all activities that occur under your account or password. You must notify us immediately of any unauthorized use of your account or any other breach of security.

5.3. Account Termination: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

6. User-Generated Content

6.1. User Contributions: The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to us or on the Website.

6.2. License Grant: By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

6.3. Representations and Warranties: You represent and warrant that: a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. b) All of your User Contributions do and will comply with these Terms of Use.

7. Third-Party Websites and Content

7.1. Third-Party Links: The Website may contain links to third-party websites or resources. You acknowledge and agree that IBC Financial is not responsible or liable for: a) The availability or accuracy of such websites or resources; or b) The content, products, or services on or available from such websites or resources.

7.2. Risk Assumption: Links to such websites or resources do not imply any endorsement by IBC Financial of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

8. Disclaimer of Warranties

8.1. "As Is" and "As Available" Basis: Your use of the Website and its content is at your sole risk. The Website and its content are provided on an "As Is" and "As Available" basis. IBC Financial expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. No Guarantees: IBC Financial makes no warranty that: a) The Website will meet your requirements. b) The Website will be uninterrupted, timely, secure, or error-free. c) The results that may be obtained from the use of the Website will be accurate or reliable. d) The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations. e) Any errors in the Website will be corrected.

9. Limitation of Liability

9.1. Exclusion of Damages: In no event will IBC Financial, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

9.2. Limitation of Liability: In no event will the collective liability of IBC Financial and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to IBC Financial for the applicable service in the last 12 months.

10. Indemnification

You agree to defend, indemnify, and hold harmless IBC Financial, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

11. Governing Law and Jurisdiction

11.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

11.2. Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the Province of Quebec, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Waiver and Severability

12.1. Waiver: No waiver by IBC Financial of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IBC Financial to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Entire Agreement

The Terms, our Privacy Policy, and any other legal notices published by us on the Website shall constitute the entire agreement between you and IBC Financial concerning the Website and supersede all prior agreements and understandings, arrangements, or representations with respect thereto.

14. Contact Information

Questions or comments about the Website or these Terms of Use may be directed to our support team at:

IBC Financial Compliance Officer: Mona Haddad Phone: 514-875-9444 Email: mona.haddad@cwcc.ca

By using the Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Last updated: October 8, 2024