Terms & Conditions

The following terms and conditions ("Terms of Use") govern the relationship between Canadian Exchange Traded Funds Association (“CETFA”) and each user (“User” or “You”) of the website located at www.cetfa.ca (the "Website").

1. General

By using the Website or by checking, where required, the "Accept the Terms of Use" box, or other electronic acceptance prompts on the Website, You accept and agree to be bound and comply with these Terms of Use, and CETFA’s Privacy Policy found at www.cetfa.ca, incorporated herein by reference. If You do not agree to be bound by any of the terms of these Terms of Use, including any updates hereto, then You must not access or use the Website.
CETFA may, at its sole and absolute discretion, update these Terms of Use from time to time, subject only to such notice as may be required by law. Any and all such updates are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms of Use in order to be aware of any such modifications and Your continued use of the Website shall be deemed Your conclusive acceptance of the updated Terms of Use.

2. Definitions

In these Terms of Use:

the term "Content" means the trademarks, trade names, logos, design, layout, Information, data, software, applications, interactive features, tools, code, text, displays, graphics, photographs, videos, audio, or other material or content on or made available through the Website;
the term "Information" means all information and other data accessible or provided by CETFA or the Service Providers (defined below) via the Website, including but not limited to market information, quotes, company information, charting, news, options, dividends, financial information and research data;
the term "Service Providers" includes, but is not limited to, any licensors, suppliers, information providers, or other third parties that provide, from time to time, any data, information, content, tool, feature, or service for the purposes of the Website; and
the term "User" refers to any individual who accesses or uses the Website via the Internet, and includes any corporation, partnership, or unincorporated association on whose behalf a User is accessing or using the Website.

3. User Rights Granted and User Restrictions on Use

CETFA grants You a limited non-exclusive, non-transferable license to view the Content for Your non-commercial or personal use only. No other rights are granted to You through such license. By accessing the Website, each User agrees that the User shall not, directly or indirectly, whether or not for a commercial purpose, reproduce, compile for an internal database, use, distribute, modify, create derivative works of, post, publicly display, publish or republish, download, store, transmit, print, sell, license, lease, rent, copy, make available or accessible to any third party, reverse engineer, or create derivative works (where applicable) of the Content without CETFA's prior written permission.
As between You and CETFA, You acknowledge and agree that the Website and its Content are the property of CETFA or, as applicable, its Service Providers and You will not acquire any rights or licenses in any trade-marks, patents, copyright, or other intellectual property on the Website or in its Content. The Website and the Content are protected by copyright, both individually and as a collective work or compilation, and by trade-mark law, patent law, and any other applicable laws.
By using the Website, You represent, warrant, and covenant to CETFA, personally and on behalf of any entity for which you have representative authority that will be accessing the Website, that:
1. You have the power and authority to accept these Terms of Use and to enter into a contractual relationship with us, that You are capable of assuming, and do assume, any risks related to the use of the Website and the Content, and that You understand and accept the terms, conditions and risks specified herein relating to their use. If You are dissatisfied with the Website or the Content, Your sole and exclusive remedy is to stop using it.
2. You will not use the Website in any manner that violates: (i) any applicable law or regulation including, without limitation, any laws relating to: the export of data or software; securities; patents; trademarks; trade secrets; copyrights; or other intellectual property laws; (ii) third party legal rights (including the rights of publicity and privacy of others); or (iii) these Terms of Use and the CETFA Privacy Policy.
3. You will not disable or bypass, or attempt to disable or bypass, any of the security features of the Website.
4. You will not impersonate or attempt to impersonate CETFA, a CETFA employee, another user, or any other person or company (including, without limitation, by using e-mail addresses, or screen names associated with any of the foregoing).
5. You will not transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales through the Website, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
6. You will not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by CETFA, may harm CETFA or users of the Website or expose them to liability.
7. You will not promote any illegal activity, or advocate, promote, or assist any unlawful act.

4. Market Information

All market information and other data, including but not limited to quotes, company information, charting, news, options and research data are provided by CETFA or its Service Providers for informational purposes only, and are not intended for trading purposes. Neither CETFA nor any of its Service Providers guarantee the sequence, accuracy, or completeness of any market information or other data, and shall not be liable or responsible in any way for any delays, inaccuracies, or errors in any market information or other data or in the transmission of any market information or other data. You agree not to rely upon the market information or other data for any trading, business or financial purpose. Neither CETFA nor its Service Providers, or any of their respective affiliates, directors, officers, agents and representatives shall under any circumstances be liable or responsible in any way for any damages, losses or costs arising from reliance on this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the market information or other data.
Neither CETFA, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities referred to on or through the Website; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on the Website, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.
Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Website, including Service Provider attributions and terms of use noted at the bottom of each market information page of the Website; Your use of these pages is subject to, and You are responsible for, complying with these additional terms.

5. Disclaimer of Liability for Website Content

The Content is made available for informational purposes only and is not intended for trading purposes or to provide legal, accounting, tax, investment, financial, or other advice and should not be relied upon for such advice. The Content provided is general in nature and does not represent any advice with respect to investing in, buying or selling securities, and has not been tailored to the needs of any person. CETFA does not provide investment advice; therefore, any investment decision that You make, or investment strategy that You use, is done at Your sole discretion and at Your own risk. Prior to making any investment decision, it is recommended that You seek advice from a qualified investment advisor. The availability of the Website and the Content does not constitute an offer, invitation, solicitation, advertisement, referral, or recommendation to buy, sell, or trade any securities or other products listed or traded on, or processed in connection with any marketplace or electronic platform. CETFA does not sponsor, endorse, or recommend any investment strategies, securities, services, or other products referenced in the Website or the advisability of investing in securities generally for any particular person. It is Your sole responsibility to determine the suitability of any project, strategy, financing, or other investment opportunity for Your own investment objectives. Any investment decision and/or strategy that You make or use, whether or not such decision or strategy derives from or relies upon the Content or other data accessible or provided via the Website, is done so at Your sole discretion and risk. Past performance and historic valuations are no guarantee of future performance or future valuations.

The Content contained on or made available through the Website, including without limitation, the content obtained through Service Providers or through any other link, has been supplied by such Service Providers or other third parties without verification by CETFA. The views, opinions, and advice of any third party provided on the Website reflect those of the individual authors and are not endorsed by CETFA.

CETFA ASSUMES NO LIABILITY FOR ANY INACCURATE, DELAYED, OR INCOMPLETE CONTENT, NOR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. THE WEBSITE AND ALL CONTENT, INFORMATION AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE ARE MADE AVAILABLE OR PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. YOUR USE OF THE WEBSITE AND THE CONTENT AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE IS SOLELY AT YOUR OWN RISK. CETFA MAKES NO REPRESENTATION AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING SECURITY, ACCURACY, RELIABILITY, PERFORMANCE, TIMELINESS, AVAILABILITY, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE WEBSITE, CONTENT, INFORMATION, OR ANY OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE WILL BE ERROR-FREE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

For Your convenience, the Website may provide links or pointers to third party sites. CETFA makes no representations about any other website that may be accessed from the Website. If You choose to access any such sites, You do so at Your own risk. CETFA has no control over the contents of any such third party sites, and accepts no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions and privacy policies of such third party sites.

You are not permitted to use any of the trademarks displayed or referenced on the Website without the prior written consent of CETFA or the third party that owns the trademark.

6. Liability and Indemnification

Each User acknowledges and agrees that CETFA, its Service Providers, and their respective affiliates, employees, licensors, and agents (i) assume no responsibility with respect to the use or uses made of the Content or the Information or the results of such use(s); and (ii) will not be liable in any way to You or to any other person for (A) any inaccuracy, error or delay in, or omission of, any Information, (B) the transmission or delivery of any Information; or (C) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, or any interruption in the availability of any Information, whether due to any negligent act or negligent omission made by CETFA, its Service Providers, and their respective affiliates and their respective employees, licensors and agents or any other cause.

UNDER NO CIRCUMSTANCES SHALL CETFA, ITS SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES, LOSSES, OR EXPENSES INCURRED BY YOU IN CONNECTION WITH OR RELATED TO (A) ANY SERVICE PROVIDER, USER, OR OTHER THIRD PARTY WEBSITE OR CONTENT THEREIN, DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED ON THE WEBSITE; (B) LOSS OF REVENUE, REPUTATION, OPPORTUNITY, PROFIT, OR FAILURE TO REALISE EXPECTED SAVINGS; (C) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE; (D) DELAYS, INTERRUPTION, DISCONTINUANCE, OR UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT, INFORMATION, AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE; OR (F) ANY OTHER LIABILITY OR CLAIM WHATSOEVER ARISING OUT OF THESE TERMS OF USE OR FROM ANY USE OF OR YOUR INABILITY TO USE THE WEBSITE HOWSOEVER CAUSED, INCLUDING WHETHER CAUSED FOR BREACH OR REPUDIATION OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR IF CETFA OR A SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SAME. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FINDING OF UNCONSCIONABILITY.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BROUGHT UNDER STATUTE, IN CONTRACT, TORT, OR STRICT LIABILITY, OR FOR NEGLIGENCE, BREACH OF A FUNDAMENTAL TERM, OR FUNDAMENTAL BREACH, OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR THE CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE, AND YOU RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS CETFA, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE AND/OR THE CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITE.

7. Privacy

In some cases, when You use the Website, CETFA may collect Your internet protocol (IP) address, the type of Internet browser You are using, the type of computer operating system You are using, the advertisement or domain name of the website from which You linked to the Website, and other technical data. By using the Website, each User consents to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.
The collection, use, disclosure and storage of such information will be in accordance with our Privacy Policy, including for the purpose of improving or optimizing Website user experience or in the development of additional future services.

8. Security

We have reasonable security measures in place to protect against the loss, misuse, alteration, and interception by third parties of the personal information under our control. However, complete confidentiality and security is not possible over the Internet. We assume no liability for any damages You may suffer as a result of loss, interception, alteration or misuse of information that You provide CETFA or any information transmitted over the Internet.

9. Changes to Terms of Use

CETFA reserves the right to revise these Terms of Use at any time without notice to You. You are bound by such revisions so we encourage You to visit this page frequently to stay informed.

10. Website Modification

CETFA may change the Website, including eliminating or discontinuing any Content on or made available through the Website, at any time and in its sole discretion.

11. Access

The Website, or any part thereof, may be unavailable in whole or in part from time to time or may be permanently discontinued at any time, at CETFA’s sole discretion. Further, CETFA may implement updates to, perform maintenance on, or make other changes to the Website at any time. CETFA will use commercially reasonable efforts to give You advance notice where possible and to advise You where changes will result in a temporary or permanent unavailability of the Website or any part thereof. We will not be liable for any damages arising from any interruption, delay, discontinuance, unavailability, or termination of the Website.

12. Violations of Terms of Use

CETFA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

13. Other Countries

The Website can be accessed from countries around the world other than Canada. CETFA makes no representation that the content on the Website is appropriate or available for use other than in Canada and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access the Website from outside of Canada do so on their own initiative and their own risk and are responsible for compliance with local laws.

14. Laws

The Website is controlled by CETFA from its offices within the Province of Ontario, Canada. By accessing the Website, You and CETFA agree that all matters relating to Your access to, or use of, the Website (including all Content and Information therein) shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and CETFA also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.

15. General

These Terms of Use, and CETFA’s Privacy Policy, constitute the entire agreement between You and CETFA with respect to the subject matter hereof and supersede all prior agreements, representations, proposals, discussions and understandings, oral or written in respect of Your use of the Website.
You may not, without the prior written consent of CETFA, provide a hypertext link to the Website on another website.
By using the Website, You consent to receive notices, messages and other communications from CETFA electronically, including by e-mail. CETFA may also communicate with You by posting messages or notices on the Website. You agree that all agreements, notices, messages, and other communications that CETFA provides to You electronically or on the website satisfy any legal requirement that such communications be in writing.
These Terms of Use will be binding upon and enure to the benefit of each party and their respective successors. You may not assign these Terms of Use or your rights hereunder.
The failure of any party at any time to require performance of any provision will not affect the right to require performance at any other time, nor will the waiver by any party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself.
If any provision of these Terms of Use is declared illegal, void or unenforceable for any reason, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect.
If You become aware of any misuse of the Website, or if You have any questions about the Website, our use of personal information, or about these Terms of Use, please contact us at our e-mail address: info@cetfa.ca.