Terms&Conditions
Last updated September 26, 2011
Rare Investment Inc. (“Rare Investment") is the owner and operator of this Website, www.rareinvestment.com. Whenever you access or use this Website, whether or not you are a registered user of it, you are acknowledging that you have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"). Provided that you agree to abide by all applicable laws and to this Agreement, you are permitted to use this Website (regardless of whether your access or use is intended) Rare Investment reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If Rare Investment does this, it will post the changes to these Terms of Use on this Website. Any continued use of this Website by you after any such changes represents that you have accepted the revised Terms of Use. As used on this Website and in this Agreement, the term "Rare Investment" shall be deemed to include Rare Investment Investments Inc. and its affiliates, subsidiaries, successors and assigns.
Rare Investment may, at its option, cancel or terminate your access to this Website (or any part thereof) and/or your user account, if any, if you do not comply with this Agreement at any time, and without prior notice or liability, Rare Investment may discontinue, modify or alter any aspect of this Website including, but not limited to, (i) restricting the time this Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use this Website. Failure by you to abide by the terms of this Agreement entitles Rare Investment to immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or this Website (or part thereof). As well you agree that Rare Investment shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, this Website. You acknowledge that you’re only right with respect to any dissatisfaction with any modification or discontinuation of, or to, this Website, or any policies or practices by Rare Investment in providing this Website, including without limitation any change in content, is to cease using this Website and cancel or terminate your registered user account.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Rare Investment controls www.rareinvestment.com from its offices within the Province of British Columbia, Canada. This Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of British Columbia, by accessing this Website, You agree that all matters relating to access to, or use of, this Website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
Registered Users
Certain portions, components, content and features of this Website are only available to individuals who register with Rare Investment and create a user account on this Website (each, a "Registered User"). If you are a Registered User then you agree to the following:
(i) In consideration of your use of this Website, you represent that you are nineteen years of age (19) or older and are not a person barred from receiving services under the laws of the Province of British Columbia and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on this Website (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Rare Investment has the right to suspend or terminate your account and refuse any and all current or future use of this Website (or any portion thereof).
(ii) Registered Users will receive a password and account designation upon completing this Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rare Investment of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
(iii) Rare Investment may send email communications related to your registration/membership in order to keep you updated about important changes to these Terms of Use, our Privacy Policy, etc.
(vi) As a Registered User of this Website, you agree that you are responsible for managing your privacy and email settings. You can update your settings at any time by signing in and visiting the (insert name of page where settings can be changed) page. A link to this page is always available on the left hand column of your profile page, directly under your 'About Me' information.
Site Content
All content on this Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Rare Investment, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Rare Investment' prior written permission. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of this Website or the Site Content other than as specifically authorized herein, without the prior written permission of Rare Investment, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
“Rare Investment” and “Rare Investment since 1989” and related words, domain names and logos are trade-marks and the property of Rare Investment. All material of whatever form contained on www.rareinvestment.com is the copyright of Rare Investment. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
THIS WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. RARE INVESTMENT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SITE CONTENT. RARE INVESTMENT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THIS WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT RARE INVESTMENT MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS.
EXCEPT AS SPECIFICALLY STATED ON THIS WEBSITE, NONE OF RARE INVESTMENT OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE RARE INVESTMENT TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED RARE INVESTMENT WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
RARE INVESTMENT RESERVES THE RIGHT TO LIMIT QUANTITIES.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms of Use; or (b) the relationships which result from these Terms of Use (collectively, the "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Privacy Policy is the entire agreement between you and Rare Investment relating to the subject matter herein.
Rare Investment may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of its successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
Disclaimer
The information contained herein (the Rare Investment website) does not suggest or imply and should not be construed, in any manner, a guarantee of future performance and/or investment advice. Past performance does not guarantee future results. Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended and/or purchased by Rare Investment), or product made reference to directly or indirectly on this material or indirectly via link to any unaffiliated third-party material, will be profitable or equal to corresponding indicated performance levels. Returns are historical and based on data believed to be accurate and reliable. Prospective investors are encouraged to conduct further research on their own initiative.