FINHAVEN CLUB TERMS OF USE

PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY.

Finhaven Technology Inc. (“Finhaven”) owns and operates the Finhaven Club website (the “Site”). By using the Site you agree to be bound by our Terms of Use (the ""The Terms""). If you do not agree to the terms and conditions contained in the "The Terms" and privacy policy, please do not contribute to, access or otherwise use the platform or any information contained herein.

1. Legal Disclaimer.

You understand that none of the content published on the platform should constitute a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You understand that you, and none of the content providers, or their affiliates are advising anyone personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the platform may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the platform may not contain a list or description of relevant risk factors. Members and Users understand that as markets change continuously, previously published information and data may not be current and should not be relied upon.

2. No Investment Recommendations or Professional Advice

The platform is not intended to provide investment, legal, or tax advice, and nothing on the platform should be construed or used as an offer to sell, a solicitation of an offer to buy, or as a recommendation for any security by Finhaven Club or any third party. 

3. Copyright Policy

The platform and its contents as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the platform ("Content") and the trademarks, service marks and logos contained therein are the property of Finhaven Club and its third-party licensors or providers. 

You may access and use the Content and download and/or print out copies of any content from the platform, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the platform. Finhaven Club reserves all rights not expressly granted in and to the platform.

4. Linking Policy

The platform contains links to other Internet websites or links to content created by third parties which is published on the platform. We neither control nor endorse such other websites or Content, nor have we reviewed or approved any Content that appears on such other websites or on our Site. Please read the terms of use and privacy policy of any such third party sites that you interact with before you engage in any activity.  

You are solely responsible and liable for your use of and linking to all third party sites. You may link to any content on the platform provided such linking does not negatively impact search engine ranking or be merely a portal website of primarily links from your website to our content.  

You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, we are not responsible for any loss or damages caused or alleged to have been caused by the use of any Apps. 

5. No Unlawful or Prohibited Use

You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the platform to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner. 

Modification of the Content or use of the Content for any purpose other than your own personal use is a violation of our copyright and other proprietary rights and can subject you to legal liability.

In addition, in connection with your use of the platform and its services, you agree:

  • Not to restrict or inhibit any other visitor from using the platform, including, without limitation, by means of "hacking" or defacing any portion of the platform;
  • Not to use the platform for any unlawful purpose;
  • Not to express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the platform;
  • Not to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the platform any data, information, pictures, videos, music, or other materials or content that: contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
  • Not to "frame" or "mirror" any part of the platform without our prior written authorization;
  • Not to use any robot, spyder, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the platform or its contents;
  • Not to harvest or collect information about visitors to the platform without their express consent;
  • Not to send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the platform; and
  • Not to transmit any Content which contains software viruses, or other harmful computer code, files or programs.

If you are interested in reprinting, republishing or distributing content from Finhaven Club, please contact Finhaven Club to obtain written consent.

6. Posting and Monitoring Content

The platform permits the submission of Content by users of the platform, including without limitation comments, articles, and links. Finhaven Club has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by direct messaging or by any other method to or from your Finhaven Club user account at any time and for any reason. Without limiting the foregoing, Finhaven Club has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the "The Terms" of the platform by you. On user-generated content, Finhaven Club reserves the right to remove content that violates one of the following principles, as determined by Finhaven Club, at our discretion:

  • No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed;
  • No pornography or pedophilia;
  • No direct or veiled threats against any person or group of people;
  • No copyright infringement;
  • No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content's creator;
  • No publishing of other people's private and confidential information, such as name combined with identification numbers (e.g. SIN), identity documents, address, age, marital status, bank details;
  • No impersonation of others in a manner that is intended to or does mislead or confuse others;
  • No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities;
  • No spamming, link-spamming or transmitting malware and viruses;
  • No personal attacks;
  • No profanity or vulgarity;
  • No inappropriate, unethical or misleading behavior; and
  • No business solicitations or advertising.

Finhaven Club encourages civil, thought-provoking debate and idea-sharing among capital markets investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others' ideas. At our discretion, we may delete comments, contents, and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender. 

Without derogating from the above, Finhaven Club editors, at their discretion, may refrain from posting or remove User Submissions that violate these standards or which are otherwise inappropriate. These standards are designed to ensure that the dialogue on the platform is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.

How to raise concerns about content  If you have any comments, complaints or concerns of any kind about any posts, please contact us at [email protected] We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.

7. Finhaven Club Account

In order to access some of the services of the platform, you will have to create an account. You agree to comply with all applicable laws, rules and regulations in connection with your use of the platform and the content made available therein. You confirm you are above the Age of Majority. 

By creating this account you agree to the following:

  • You may only maintain a single account;
  • You may never share your account username or password or knowingly provide or authorize access to your account;
  • You may never use another user's account without permission;
  • When creating your account, you must provide accurate and complete information;
  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure; and
  • You must notify us immediately of any breach of security or unauthorized use of your account.

You will be liable for any use made of your account or password and the losses of Finhaven Club or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

8. User Submission

When you post any User Submission on the platform or give Finhaven Club permission to post your Content, you agree to:

  • Post comments in both tone and content that contribute in a positive and high-quality manner to the substantive exchange of information and the subject matter of the platform; and
  • Automatically grant Finhaven Club a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Submission (in whole or in part) and/or to incorporate any of your User Submission in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to Finhaven Club that you own the copyright in each of your User Submissions and have all the rights, power and authority necessary to grant the above license and rights.

Finhaven Club will use commercially reasonable efforts to attribute material User Submissions to the author.

9. Responsibility for User Submission

Each individual who submits a User Submission, whether published on the platform or not, is solely responsible for their own acts, including the content, context or information in the User Submission they submit. This means that each individual, and not Finhaven Club, is entirely responsible for anything and everything they post on the platform including on any content. Finhaven Club does not, and does not intend to, pre-screen any comments posted on its Site, and Finhaven Club cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.

10. User Submission Disclosure Rules

When you post any User Submission on the platform, you also agree to abide by the following disclosure rules:

  • You may not write about a stock with the intention to boost or reduce the stock's price and sell (or buy) the stock into the resulting strength or weakness;
  • If you intend at the time or writing to sell or buy a stock within three days of publication of a User Submission that discusses that stock, you must disclose this;
  • Abide by the following conflict of interest rule: You will disclose any material relationships with companies whose stocks you write about in a User Submission or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose stock you are writing about; perform consulting for a company you write about; receive paid advertising revenue or any other form of sponsorship fee from a company you write about. This applies to narrow asset classes as well. For example, if you are paid to promote a gold dealer, that must be disclosed in any User Submission about gold;
  • If you choose an alias, be responsible for all statements made and acts or omissions that occur by use of your alias; and
  • Waive any and all rights against Finhaven Club and hold Finhaven Club harmless in connection with any claims relating to any action taken by Finhaven Club as part of its investigation of a suspected violation or result of its conclusion that a violation of these "The Terms" has occurred, including but not limited to the removal of User Submission from the platform or a suspension or termination of your access to the platform.

11. Finhaven Club Disclosure 

We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these "The Terms", including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Finhaven Club, its users, yourself or the public.

12. Online Rules of Conduct You agree not to:

  • Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable;
  • Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post;
  • Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable;
  • Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights;
  • By use of your alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity;
  • Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
  • Post or transmit any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion; and
  • Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.

13. Disclaimer of Warranties

The platform, and any product or service obtained or accessed through the platform, is provided "as is" and without representations or warranties of any kind, either express or implied, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on our site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Finhaven and its affiliates, suppliers, agents and sponsors do not warrant that your use of the platform will be uninterrupted, error-free or secure, or that the platform or the server(s) on which the platform is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of the platform and your reliance thereon. No opinion, advice, or statement of Finhaven or its affiliates, suppliers, agents, members, or visitors, whether made on the platform or otherwise, shall create any warranty.

14. Limitation of Liability

Neither Finhaven nor its affiliates and their respective officers, directors, employees, suppliers, advertisers, agents and sponsors are liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the platform and/or any content contained therein, or any product or service used or purchased through Finhaven Club. Your sole remedy for dissatisfaction with the platform is to stop using it. The sole and exclusive maximum liability to Finhaven for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall not exceed the total amount paid to us by you, if any, for access to the platform or any services, during the previous six (6) months prior to bringing the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

15. Indemnification

As a condition of your use of the platform, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the "The Terms"; (b) your use of the platform; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submission caused damage to a third party. This defense and indemnification obligation will survive these "The Terms" and your use of the platform.

16. Termination of Agreement 

You understand and agree that Finhaven Club may, under certain circumstances and without prior notice to you, terminate your club membership and access to and use of the platform. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the "The Terms" or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violations of third party copyrights or other intellectual property. 

17. Applicability

The platform is directed solely to individuals residing in jurisdictions in which provision of the platform's content is legal. We make no representation that materials provided on the platform are appropriate or available for use in other locations. Those who choose to access the platform from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the platform to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

The "The Terms", together with all Finhaven Club policies referred to herein, constitutes the entire agreement between you and Finhaven Club relating to your use of the platform and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The "The Terms", privacy policy and the relationship between you and Finhaven Club are governed by and construed in accordance with the laws of British Columbia without regard to its principles of conflict of laws. You and Finhaven Club agree to submit to the personal and exclusive jurisdiction of British Columbia, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the "The Terms" is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the "The Terms" and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the "The Terms" is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the "The Terms".

18. Privacy and Personal Information

For information about Finhaven Club’s treatment and protection of personal information, please read our Privacy Policy. This policy explains how Finhaven treats your personal information, and protects your privacy, when you use the Site.

19.  Feedback 

If you provide any Feedback or suggestions to Finhaven Club regarding the platform or Finhaven Club’s services, including without limitation in response to a survey or in connection with a particular User Submission (collectively, "Feedback"). Finhaven Club may use such Feedback for any purpose, including without limitation to provide it to authors on their dashboard. In order that we may incorporate such Feedback into Finhaven Club’s Site and/or services, Finhaven Club alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to Finhaven Club free of charge. 

20. Changes to the Agreement

We reserve the right at any time to:

  • Change the terms and conditions of this agreement;   
  • Change the platform, including eliminating or discontinuing any content or feature of the platform; or
  • Impose fees, charges or other conditions for use of the platform or parts thereof (with reasonable notice).

Finhaven Club may modify the platform at any time without prior notice, and you accept those modifications if you continue to use the platform. Notification will be provided of any material changes. 

FINHAVEN CLUB PRIVACY POLICY

PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY.

Finhaven Technology Inc. (“Finhaven”, “We”, “Us”) owns and operates the Finhaven Club Website (the “Site”). We are committed to protecting the privacy confidentiality and security of the Personally Identifiable Information (“Personal Information”). The Finhaven Club Privacy Policy ("Privacy Policy") sets out how we collect, process and may disclose personal information about individuals who visit our website at www.finhavenclub.com. If you do not agree with this Privacy Policy, please do not access or otherwise use the website platform or any information contained therein.

Collection of Personal Information
We do not require you to provide Personal Information in order to have access to the free commentary, analysis and news available on our Site. Users who become a “Member” must create a profile, register and provide an email address, create a username and password. Members can add additional Personal Information to their profile at their discretion.

Personal Information refers to any factual or subjective information about an identifiable individual, including but not limited to: a first and last name, age, ID numbers, home or other physical address, personal email address, personal opinions, comments, social status.

Note: This Privacy Policy forms part of the Terms of Use for individuals who join Finhaven Club as a Member. 

Access/Accuracy

To the extent that you do provide us with Personal Information, Finhaven Club wishes to maintain accurate Personal Information. Members may check their profile and add or delete information or correct any information. 

Non-Personal Information - Web Cookies

When you visit the site, we may send one or more cookies, a small text file containing a string of alphanumeric characters, to your computer that uniquely identifies your browser, enables us to help you log in faster and enhances your navigation through the Site. 

A cookie does not collect personally identifiable information about you. The site may use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. 

You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.

Use of Information

We will use your Personal Information in connection with your activity as a Member, in particular to: i) verify your identity when you are dealing with us, ii) correspond and manage our relationship with you, iii) manage and resolve any complaints or issues, iv) provide you with information about our services and v) tailor content of our Website to provide you with a more personalized experience and draw your attention to information about products and services that may be of interest to you. 

If We ever desire to use the Personal Information we have collected from you for other purposes, or to collect further personal information for a new use not previously disclosed to you, we may inform you and seek your consent for any such new use or collection. 

Disclosure

Finhaven does not disclose any Personal Information submitted via the Site and its services, unless we have a good faith belief that disclosure of such information is helpful or reasonably necessary to i) comply with any applicable law, regulation, legal process or governmental request, ii) enforce our Terms of Use including investigations of potential violations thereof, iii) detect, prevent, or otherwise address fraud or security issues, or iv) protect against harm to the rights, property or safety of Finhaven Club, its Members or the public, v) In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.
 
Note: Some of the Personal Information or content that you voluntarily disclose for posting to the Site (for instance, in profiles or other user content you post) will be available to the public. If you remove such content, copies may remain viewable in cached and archived pages or if other users have copied or stored your content.

How We protect the Personal Information We collect

We have put in place certain measures to ensure the security of the Personal Information we collect. These measures are appropriate to the nature of the information provided to us and prevent unauthorized access. 

Our security measures include the use of software firewalls and encryption systems. We use a range of security processes to protect the confidentiality and security of any Personal Information that we hold. 

We take what we believe to be reasonable steps to protect the Personal Information provided via the Website from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Site and any such transmission is at your own risk.

How You can Protect Your Personal Information Online

If you are a Finhaven Club Member, the security of your personal data also relies on your protection of your personal data and particularly any identity information and your secure access credentials such as passwords you use to access the Site. You must not share your secure access credentials with anyone. If you lose your secure access credentials or share them with a third party for any reason, the third party may have access to your account and your Personal Information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your secure access credentials, please change them immediately and also contact us at [email protected]

Third Party Sites

Our Site may contain links to other websites posted by Members which are outside our control and are not covered by this Privacy Policy. We are not responsible for the content, security or privacy practices employed by other websites. If users access other websites using the links provided, the operators of these websites may collect information which will be used by them in accordance with their privacy policy.

Updates to This Policy

We reserve the right to change or update this Privacy Policy. If material changes are made, we will place a prominent notice on Site for a reasonable time prior to the change taking effect and will update the last revised date at the top of this Policy. We encourage you to regularly check back on this page to ensure you are up to date with any changes. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

Applicable Legislation

This Privacy Policy references all Applicable Laws and regulations related to privacy or the collection, use and disclosure of personal information including the Freedom of Information and Protection of Privacy Act (British Columbia) and the Personal Information Protection Act (British Columbia) as the same may from time to time be amended or replaced. 

The laws of the Province of British Columbia and the federal laws of Canada applicable therein
will govern this Privacy Policy without reference to conflicts of law principles. Any action or
proceeding subject to this Privacy Policy may be brought in a court in the City of Vancouver, BC, and each Party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. 

Contact Us

We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and Finhaven Club's Site is constantly evolving to meet these demands. If you have any comments or questions regarding our Privacy Policy, please contact us at [email protected]  or by mail:

Attn. Privacy Officer
Finhaven Capital Inc.
440-890 West Pender Street
Vancouver, B.C.
V6C 1J9
Canada

You may withdraw your consent at any time by contacting the Privacy Officer at the email or mailing address noted above. Please note, of you do not consent to the collection, use or disclosure of your Personal Information, we may not be able to offer you with the Membership services and content of the Site. 

Your Consent

By using this Site, you confirm you understand and consent to the terms of our Finhaven Club Privacy Policy and to Finhaven Club's processing of Personal Information for the purposes given above.