Pargenta Financial Inc. – Terms and Conditions of Use

Who we are

Pargenta Financial Inc. is a private investment company that invests its own capital. It operates the website located at https://www.pargenta.com (the “Website”). In these Terms of Use, the “Services” means the Website and anything made available through it, “Customer” means any person using the Website, and the “Agreement” means these Terms of Use.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright. trade mark law and other intellectual property laws.

1a. Changes to these Terms of Use

Except where prohibited by applicable law, we reserve the right to change these Terms of Use by posting a new version at https://pargenta.com/terms-of-use at any time. Your continued access to or use of the Services after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

2. Pargenta Content

The Website, the Services, and their contents may only be used in accordance with the terms of these Terms and Conditions of Use. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Pargenta Content,”) are protected by copyright, trademark and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Pargenta Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Pargenta Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may download or copy the Pargenta Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Pargenta Content. You shall not store any significant portion of any Pargenta Content in any form. Copying or storing of any Pargenta Content other than personal, noncommercial use is expressly prohibited without prior written permission from Pargenta or from the copyright holder identified in such Pargenta Content’s copyright notice. If you link to the Website, Pargenta may revoke your right to so link at any time, at Pargenta’s sole discretion.

Any comments or other feedback you provide to Pargenta through the site or otherwise is provided by you on a voluntary basis. Pargenta will be free to use such comments and feedback as it sees fit and without any obligation to you.

4. DMCA

Pargenta reserves the right to remove any Content from its site that allegedly infringes another person’s copyright. Pargenta is registered in the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “Act”) and is committed to observing the protections of the Act.

Notices to Pargenta regarding any alleged copyright infringement should be sent by email to legal@pargenta.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• A description of the copyrighted work that you claim has been infringed;
• Your name, address, telephone number, and email address;
• A description of the location on Pargenta’s website where the allegedly infringing content was posted;
• A good faith statement that you believe the use of the content infringes your copyright and is not a fair use;
• A statement certifying that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature.

6. Privacy

Any information about an identifiable individual (“Personal Information”) transferred to Pargenta will be treated in accordance with Pargenta’s privacy policy located at: https://www.pargenta.com/privacy-policy/

7. Disclaimer

The materials on Pargenta’s website, including both Pargenta Content and IC Content, (collectively the “Content”) are provided “as is” and “as available”. Pargenta makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights nor that the site will function without errors or interruptions. Further, Pargenta does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Contents or otherwise relating to the Contents or on any sites linked to this site.

8. Limitations

In no event shall Pargenta nor its licensors nor suppliers be liable for any damages (including, without limitation, indirect, incidental, special or consequential or punitive damages or for loss of goodwill, data, profit or revenues, or due to business interruption,) arising out of the use of or inability to use the Contents or the Services Content, despite any theory of liability, including without limitation based on warranty, contract or statute even if Pargenta or a Pargenta authorized representative has been notified orally or in writing of the possibility of such damage. In no event shall Pargenta’s aggregate liability hereunder exceed the greater of the amount you paid to use the Content or the Services or CAD$500.00. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Restrictions

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party caused by you or any person within your control resulting therefrom. Under no circumstances will Pargenta be liable in any way for any materials generated by you in accessing and using the Services or the Contents, or any loss or damage of any kind incurred in connection with use of or exposure to any such materials posted, emailed, accessed, transmitted, or otherwise made available by you. You, not Pargenta, remain solely responsible for all such materials, including messages, that you upload, post, email, transmit, or otherwise disseminate.

10. Indemnity

You hereby agree to indemnify, defend and hold Pargenta harmless from and against any and all demands, causes of action, claims, damages, liabilities, costs and expenses, including without limitation attorney’s fees and legal expenses, whether in contract, tort or otherwise, arising out of or related to any materials you create generated by the Services, or your breach of any warranty, obligation or representation set forth herein.

11. Limitation of Liabilities

The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:

• AMOUNT. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN SECTION 9(c), CUSTOMER’S LIABILITY FOR UNPAID FEES AND BREACH OF SECTION 7, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY IN CONNECTION WITH OR UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THE AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL Pargenta’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT.
• TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY OR ANY PERMITTED USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
• THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES AND CERTAIN DISCLAIMERS. IF THESE LAWS APPLY YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Revisions and Errata

The Contents could include technical, typographical, or photographic errors. Pargenta does not warrant that any of the Contents are accurate, complete, or current. Pargenta may make changes to the Contents at any time without notice. Pargenta does not, however, make any commitment to update the Contents.

13. Links

Pargenta has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pargenta of the site. Use of any such linked web site is at the user’s own risk.

14. Site Terms of Use Modifications

Pargenta may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

15. No Investment Advice 

The Content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by Pargenta or any third party service provider to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.

All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Pargenta is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold Pargenta, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.

16. Investment Risks 

All the information contained on this website is for research and educational purposes and will never be considered a recommendation or advice on investment, nor will it be considered legal, tax, or any other type of advice. Any information related to investment returns refers to the periods specified in it, explicitly warning that any figure related to past results or historical returns is not a reliable indicator of future returns or results. All financial information contained in this website has been obtained from sources of general use and should be considered as such.

17. General Provisions

• Notices. Notices sent to either Party will be effective when delivered in person or by email, one day after being sent by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the Party to whom a notice is being given. Notices must be in writing and sent: (i) if to Pargenta, the address set out in the Order Form; and (ii) if to the Customer, the address set out in the Order Form. Either Party may change its contact information by providing the other Party written notice of the Party’s new contact information.
• Assignment. Neither Party will assign the Agreement to any third party without the other Party’s prior written consent. Notwithstanding the foregoing, either Party may assign its rights or obligations under the Agreement, in whole or in part, without the other Party’s consent, in connection with a corporate reorganization or the transfer or sale of all or substantially all of the Party’s business or assets to a third party which shall be vetted by the other party in accordance with the regulatory guidelines which govern the other party, whether by merger, sale of stock, sale or donation of assets or otherwise. Any assignment in violation of this Section will be void. The Agreement will inure to the benefit of and be binding upon the Parties, their permitted successors and permitted assignees.
• Choice of Law. The Agreement and any action related thereto will be governed exclusively by and construed in accordance with the substantive laws of the State of New York and the federal laws of the United States applicable therein, without regard to conflicts of law principles. The Parties will initiate any lawsuits in connection with the Agreement in the city of New York. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
• Construction. Except as otherwise provided in the Agreement, the Parties’ rights and remedies under the Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, when used in respect of Pargenta in the Agreement means the right of Pargenta to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to Customer.
• Force Majeure. Neither Party will be liable for delays caused by any event or circumstances beyond Pargenta’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Pargenta’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites.
• Severability. Any provision of the Agreement found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from the Agreement and all other provisions of the Agreement will remain in full force and effect.
• Waiver. A waiver of any provision of the Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
• Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes all prior or contemporaneous agreements, representations or other communications, whether written or oral.
• Amendments. No amendment, supplement, modification, waiver, or termination of the Agreement and, unless otherwise expressly specified in the Agreement, no consent or approval by any Party, will be binding unless executed in writing by the Party or Parties to be bound thereby.
• English Language. It is the express wish of the Parties that the Agreement and all related documents be drawn up in English. C’est la volonté expresse des Parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

18. Governing Law

Any claim relating to Pargenta’s website shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed entirely within that State, regardless of the laws that might otherwise govern under any applicable conflict of laws principles.

19. General Disclaimer

PARGENTA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT, THE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY PARGENTA TO CUSTOMER (INCLUDING ALL THIRD PARTY PRODUCTS AND SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARGENTA HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, PARGENTA EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION (INCLUDING ALL THIRD PARTY INFORMATION) PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.