Effective Date: August 2024 

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the Wagner, Livock & Associates Financial Services Inc. website (“Website”), including any content, functionality, and services offered on or through the Website. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from accessing or using the Website.

2. Use of the Website 

a. Informational Purposes: The content and materials provided on the Website, including but not limited to financial information, tools, and resources, are for general informational purposes only and are subject to change at any time without prior notice. 

b. Compliance: You agree to use the Website only for lawful purposes and in compliance with all applicable federal, state, and local laws, regulations, and ordinances, as well as these Terms. You are solely responsible for ensuring that your use of the Website complies with all applicable legal requirements. 

c. Account Responsibility: If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify Wagner, Livock & Associates Financial Services Inc. immediately of any unauthorized use of your account or any other breach of security.

3. Intellectual Property 

a. Ownership: The Website and all content therein, including but not limited to text, graphics, logos, images, audio clips, video clips, software, design elements, and the arrangement thereof, are the property of Wagner, Livock & Associates Financial Services Inc. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. 

b. Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for your personal, non-commercial use only. This license is subject to the following restrictions: 

i. You may print or download a single copy of the materials from the Website for your personal, non-commercial use, provided that you do not modify the materials and you retain all copyright and other proprietary notices. 

ii. You may share content from the Website through social media platforms only where the Website expressly permits such sharing and only in a manner that does not violate these Terms.

c. Prohibited Uses: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without the prior written consent of Wagner, Livock & Associates Financial Services Inc., except as expressly permitted by these Terms. 

d. Trademarks: All trademarks, service marks, logos, and trade names used on the Website are proprietary to Wagner, Livock & Associates Financial Services Inc. or their respective owners. Unauthorized use of any trademark, service mark, logo, or trade name is strictly prohibited.

4. User Conduct 

a. Prohibited Conduct: You agree not to: 

i. Use the Website in any way that violates any applicable law or regulation or infringes upon the rights of any third party.

 ii. Engage in any conduct that could disable, damage, impair, or interfere with the functioning of the Website or with any other party’s use of the Website.

 iii. Attempt to gain unauthorized access to any part of the Website, including but not limited to accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other unauthorized means.

 iv. Upload, transmit, or distribute any material that contains viruses, malware, or any other harmful or malicious computer code intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment.

 v. Use any automated means, such as bots, crawlers, or scrapers, to access or collect data from the Website, except for search engines that comply with the Website’s robots.txt file.

 b. User Contributions: If you submit any content, such as comments, feedback, or other materials to the Website (“User Contributions”), you grant Wagner, Livock & Associates Financial Services Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media. You represent and warrant that you own or control all rights to your User Contributions and that the use of your User Contributions by Wagner, Livock & Associates Financial Services Inc. does not violate any third-party rights.

5. Disclaimers of Warranties 

a. No Warranties: The Website and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. Wagner, Livock & Associates Financial Services Inc. disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Wagner, Livock & Associates Financial Services Inc. makes no representations or warranties that the Website or its content will meet your requirements, be accurate, complete, reliable, timely, secure, or error-free, or that any defects in the Website or its content will be corrected.

b. Investment Risks: Any financial information or content provided on the Website is for informational purposes only and does not constitute financial, investment, legal, or tax advice. You should consult a qualified financial advisor before making any financial decisions. Wagner, Livock & Associates Financial Services Inc. shall not be responsible or liable for any financial decisions you make based on the information provided on the Website.

6. Limitation of Liability

a. Exclusion of Damages: To the fullest extent permitted by applicable law, Wagner, Livock & Associates Financial Services Inc. and its officers, directors, employees, agents, licensors, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Website or its content, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, or any other damages, whether in contract, tort (including negligence), strict liability, or any other legal theory, even if Wagner, Livock & Associates Financial Services Inc. has been advised of the possibility of such damages.

b. Aggregate Liability: In no event shall Wagner, Livock & Associates Financial Services Inc.’s total liability to you for all claims arising out of or related to your use of the Website or its content exceed the amount, if any, that you have paid to Wagner, Livock & Associates Financial Services Inc. for access to the Website during the twelve (12) months preceding the date of the event giving rise to the liability.

c. Assumption of Risk: You assume full responsibility for your use of the Website and its content. You acknowledge and agree that your use of the Website and any information obtained through the Website is at your own risk.

7. Third-Party Websites and Services

a. Links to Third-Party Sites: The Website may contain links to third-party websites or services that are not owned or controlled by Wagner, Livock & Associates Financial Services Inc. These links are provided for your convenience only. Wagner, Livock & Associates Financial Services Inc. does not endorse, approve, or make any representations about these third-party websites or services.

b. No Responsibility for Third-Party Content: Wagner, Livock & Associates Financial Services Inc. has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Wagner, Livock & Associates Financial Services Inc. shall not be liable for any damages, losses, or harm arising from your use of or reliance on any third-party websites or services.

c. Third-Party Terms: Your use of third-party websites or services linked from the Website is subject to the terms and conditions and privacy policies of those third parties. It is your responsibility to review and understand those terms and conditions and privacy policies before using third-party websites or services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Wagner, Livock & Associates Financial Services Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Website, or your violation of any rights of a third party.

9. Modifications to the Terms

a. Right to Modify: Wagner, Livock & Associates Financial Services Inc. reserves the right to modify, update, or amend these Terms at any time, in its sole discretion. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of the changes.

b. Review of Terms: It is your responsibility to review these Terms periodically for any changes. If you do not agree to the revised Terms, you must stop using the Website.

10. Termination

a. Right to Terminate: Wagner, Livock & Associates Financial Services Inc. reserves the right to terminate or suspend your access to the Website, in whole or in part, at any time, with or without cause, with or without notice, and without liability to you.

b. Effect of Termination: Upon termination of your access to the Website, your right to use the Website and its content will immediately cease. All provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers of warranties, limitations of liability, indemnification, and governing law, shall survive termination.

11. Governing Law and Jurisdiction

a. Governing Law: These Terms and any disputes arising out of or related to your use of the Website shall be governed by and construed in accordance with the laws of the Kitchener, Ontario, Canada, without regard to its conflict of law principles.

b. Jurisdiction and Venue: You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts located in Kitchener, Ontario, Canada, and you hereby consent to the personal jurisdiction and venue of such courts.

12. Miscellaneous

a. Entire Agreement: These Terms, together with any other agreements or terms expressly incorporated by reference, constitute the entire agreement between you and Wagner, Livock & Associates Financial Services Inc. with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Wagner, Livock & Associates Financial Services Inc. regarding the Website.

b. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.

c. Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wagner, Livock & Associates Financial Services Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

d. Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Wagner, Livock & Associates Financial Services Inc. Wagner, Livock & Associates Financial Services Inc. may assign its rights and obligations under these Terms at any time without notice to you.

e. Force Majeure: Wagner, Livock & Associates Financial Services Inc. shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, pandemics, natural disasters, or interruptions in internet or communications services.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Wagner, Livock & Associates Financial Services Inc.
2-379 Queen Street South, Kitchener, Ontario, N2G 1W6
WLA@wagnerlivock.com
(519) 570-4633