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Copyright and Disclaimer

INTRODUCTION

Welcome to the SecureDrive website administered by LGM Financial Services Inc. (“LGM”). By entering this Site and using any service provided by this Site, including but not limited to viewing any of its content, you agree to be bound by this Agreement, the Privacy Policy and all other terms and conditions contemplated on the Site from time to time. We encourage you to carefully review all of the provisions referenced herein.

Except as otherwise expressly permitted by LGM, no materials from this Site or any Site owned, operated, licensed or controlled by LGM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for your personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video without the prior written permission of LGM.

GENERAL

LGM has the right to change or discontinue any aspect or feature of this Site. This includes but is not limited to, any service provided by LGM, content displayed on this Site, hours of availability, and equipment needed for access to or use of this Site, at any time. We have the right to change or modify the terms and conditions applicable to your use of this Site, or any service provided through this Site. We can impose new conditions for use at any time. Such changes, modifications, additions or deletions will be effective one day after the changes appear on the Site. Accordingly, please review this Agreement periodically to familiarize yourself with the most current version. Unless expressly stated otherwise, any new features that augment or enhance the current services provided though this Site also will be subject to the provisions of this Agreement.  All products and services of LGM and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.

PERMITTED USE

This Site is the private property of LGM and your access to this Site is only with our permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Site, including seeking civil remedies and equitable relief to the fullest extent possible, and referral of matters to appropriate law enforcement agencies

PROHIBITED USE

You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide our services to users.

If you use, deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Site, then you are not authorized to enter this Site or use its services.

If you use, deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Site for any other purpose, including but not limited to requesting or purchasing tickets, you are not authorized to enter this Site or use its services.

If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Site, its hardware and connections, or prohibits, denies or delays access to this Site by others, you are not authorized to enter this Site or use its services.

DOWNLOADING OF INTELLECTUAL PROPERTY

This Site contains proprietary material and information, including without limitation, the “look and feel” of the Site. All design, text, software, images, trade names, logos and other information presented on this Site is protected under Canadian and other copyright laws and is owned by LGM or is used under license from the owner of the respective intellectual property rights. In addition, the entire contents of this Site are copyrighted as a collective work/compilation. LGM owns copyrights in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the written permission of LGM (and the copyright owner if other than the LGM).

DISCLAIMERS

You agree that use of this Site is at your own risk. You will be responsible for protecting the confidentiality of your password, if any. Neither LGM nor any of its respective employees, agents, third party content providers or licensors, warrant that your use of this Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Site. This Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The disclaimers contained in this Agreement apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that LGM is not liable for the defamatory, offensive or illegal conduct of other users or third parties and you assume the risk of injury from any of the foregoing.

In no event will LGM or any person or entity involved in creating, producing or maintaining this Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this Site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you, but will apply, in any event, to the maximum extent possible.

INTERNET E-MAIL

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. LGM is not responsible for and will not be liable to you or anyone else for any damages in connection with an E-Mail sent by you to LGM or an E-Mail sent by LGM to you at your request.

LINKS/SOFTWARE

Links from or to web sites outside the Site are meant for convenience only. LGM does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and LGM will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and LGM is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL LGM AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE SERVICES PROVIDED BY LGM THROUGH THIS SITE, HOWEVER ARISING, INCLUDING DAMAGES AND IRRESPECTIVE OF ANY NOTICE PROVIDED TO LGM.

ANY LIABILITY THAT LGM AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. If you are a resident of a Province that does not allow the exclusion or limitation of incidental or consequential damages, then the foregoing provision will not apply to you.

NOTICES

All notices regarding any matter pertaining to this Agreement, or the agreements or policies referenced herein, will be given by first class mail or courier, postage or air bill prepaid, and sent to: LGM Financial Services Inc.,  355 Burrard Street, Suite 350, Vancouver, BC, V6C 2G8, Attention: General Counsel. Notice will be deemed effective 3 days after deposit with the Canadian Postal Service or courier. In addition, LGM may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.

GENERAL

This Agreement is to be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to its conflict of laws provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Site and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.

© 2017 LGM Financial Services Inc. All Rights Reserved