TSX
group
User Name:
Password:
Contact Us
By accessing this website, you are agreeing to comply with and be legally bound by the terms and conditions as set out in the Terms of Use. If, after reviewing the Terms of Use, you decide the Terms of Use are not acceptable to you, please do not use this website. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on this website. Your continued use of this website will be deemed your conclusive acceptance of the updated Terms of Use.
Terms of Use
Welcome to TSX Historical Data Access™. This document (referred to as the “User Agreement”) describes the terms on which TSX Inc. allows users to access and use HDA (as defined below). This User Agreement includes any terms incorporated by reference or that we post on this website from time to time. By clicking on the “Accept” button, you accept and agree to be bound by the terms of this User Agreement as of that date, on your own behalf, and if you are a Principal Contact, on behalf of the company with which you are associated. If you are a Principal Contact, there are provisions that apply to you in that capacity and to your company. See Sections 4(a), 4(b), 5 and 6. 1. Definitions (a) “Authorized User” means one of your directors, officers, associates or employees who has been given access to HDA by TSX. (b) “HDA” means historical data access consisting of a web-based tool that provides historical Toronto Stock Exchange stock price and index information. (c) “Login Information” means an Authorized User’s login and password information. (d) “Principal Contact” means an officer of a company (generally the CFO, General Counsel or Corporate Secretary) or other individual who has signing authority and the capacity to bind the company, partnership or other applicable entity. If you are an independent contractor or consultant, then you are the Principal Contact. (e) “TSX” means TSX Inc. (f) “User Information” means your business address, e-mail address and phone number. (g) The terms “you” and “your” apply to you in your personal capacity and also apply to the company that employs you and on whose behalf you are also entering into this User Agreement. 2. Access (a) You will have a non-exclusive, non-assignable, non-transferable license to access and to permit Authorized Users to access HDA solely for your internal business purposes and for no other purpose. Except as expressly stated otherwise, you agree not to market, sell, distribute, commercialize, reproduce, transfer, disclose, publish or reverse engineer HDA without TSX’s prior written consent. You will not use or permit any one to use HDA for any illegal purpose. (b) You will ensure that each Authorized User does not transfer, assign or share his or her password with any other individual, without TSX’s prior written consent. (c) HDA may be unavailable in whole or in part from time to time or may be permanently discontinued at any time. TSX (or its service providers) will not be liable for any damages arising from any interruption, delay, discontinuance, unavailability or termination of HDA. (d) TSX (or its service providers) may implement updates to perform maintenance on or make other changes to HDA at any time. We will use commercially reasonable efforts to give you advance notice where possible and to advise you where changes will result in a temporary discontinuance of HDA availability. All information provided by you in connection with your use of HDA (whether relating to you as an Authorized User or to the company with which you are associated) including without limitation, Login Information and User Information, will be treated in accordance with our Privacy Policy which can be found at www.tsx.com. By accepting the terms of this User Agreement, you are agreeing to be bound by our Privacy Policy. You consent to TSX using your User Information to promote training seminars or other events offered by TSX. (e) TSX issuers are permitted to have a maximum of three (3) Authorized Users who will be entitled to access HDA at no charge. TSX may provide you with additional password(s) (“Fee Liable Passwords”) to permit access by additional Authorized Users, provided you pay the applicable annual fee for each such password plus all applicable taxes as required by law. We may modify the annual fees charged for Fee Liable Passwords upon prior notice to you and you will have the opportunity to give up such additional passwords if you do not wish to pay the fee. (f) In consideration of payment of the applicable yearly fees determined in accordance with TSX’s then-current fee schedule, non-issuers are permitted to access HDA. (g) All fees are due and payable within thirty days of the date of invoice. 3. Security You agree to keep Login Information belonging to you in confidence and not to disclose this information to third parties. You also agree not to use any other person’s Login Information. You agree not to, and not to permit any Authorized User to, disable or bypass any HDA security features. You are solely responsible for any programs, viruses, or disabling or harmful devices introduced through the Authorized User’s use of HDA. 4. Your Responsibilities (a) You are at least 18 years old and can form legally binding contracts under applicable law. If you are a Principal Contact, you represent that you have authority to bind the company with which you are associated. (b) If you are a Principal Contact, you will immediately discontinue access for any Authorized User who ceases to be associated with your company or who violates any of the terms of this User Agreement. (c) Except as expressly stated otherwise, you agree not to reproduce, duplicate or copy HDA in whole or in part and not to sell or resell access to HDA. (d) You agree: (i) not to interfere with or disrupt networks connected to HDA; and (ii) not to use any device or software that interferes with the proper functioning of HDA. 5. Disclaimer (a) You acknowledge on behalf of the company with which you are associated, that HDA and any other content, materials, modules or products provided in connection with HDA, including those provided by third parties, is provided on an “as is” and “as available” basis, without any warranties or conditions of any kind. TSX and its service providers expressly disclaim, and you expressly waive, including if you are a Principal Contact, on behalf of the company with which you are associated, all warranties and conditions, express or implied, including without limitation, warranties or conditions of merchantable quality and fitness for a particular purpose or those arising by law, statute, usage of trade or course of dealing. TSX’s sole obligation and your sole remedy will be TSX’s exercise of reasonable efforts to correct any malfunction and to provide access to HDA as soon as possible in the circumstances. (b) You further acknowledge and agree that TSX, TSX Group Inc. and each of their respective affiliates do not endorse or recommend any securities issued by any companies identified in HDA. We strongly advise that you seek professional advice to evaluate specific securities or other content made available through HDA. Do not use HDA for any trading-related purpose. (c) No endorsement by TSX is intended or implied by the presence of any advertising on the http://tradingdata.tsx.com website. The http://tradingdata.tsx.com website may from time to time contain links to other websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. TSX is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. TSX provides these links as a convenience and the inclusion of such links does not imply that TSX endorses or accepts any responsibility for the content or uses of such websites. (d) You are not permitted to use any of the trade-marks displayed on this web site without the prior written consent of TSX. (e) We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. 6. Liability (a) TSX (which, for purposes of this Section 6 includes TSX, our parent subsidiaries and service providers and their respective directors, officers, employees and agents) will not be liable to you or any company with which you are associated (and their affiliated companies, and each of their respective directors, officers, employees, shareholders and agents) or any other person for any direct, indirect, consequential, special, incidental or other damages, losses, costs, expenses in respect of or arising from any errors or omissions in HDA, loss of or damage to data, documents, or any other information, breach of confidentiality or security, loss of goodwill, loss of actual or anticipated profits or revenue, or other liability or claim arising out of this User Agreement or from any use or inability to use HDA, howsoever caused, even if TSX is advised of the possibility of such damages, losses, costs or expenses. The exclusions and limitations in this Section 6 will apply regardless of whether any action is brought under statute, in contract, tort, or strict liability, or for negligence, breach of a fundamental term or fundamental breach (and regardless of the number of claims). (b) You will, and if you are a Principal Contact, you agree that the company with which you are associated will, indemnify and hold harmless and defend TSX from and against any and all suits, claims, proceedings at law or in equity, and any and all liability, loss or damage, including reasonable legal fees, arising out of or in connection with: (i) any claim made as a result of your non-compliance with any legislation or the non-compliance by any of your Authorized Users; (ii) a breach by you of this User Agreement or a breach by any of your Authorized Users; (iii) any misuse by you of information obtained from HDA or a misuse by any of your Authorized Users; or (iv) any claim made by any person as a result of any non-compliance by you or any of your Authorized Users with this User Agreement. 7. Proprietary Rights (a) You acknowledge that as between you and TSX, TSX will retain all right, title and interest in HDA and its content, including but not limited to any documents, databases, data, text, software, applications, applets, music, sound, graphics, video, photographs, technology, look and feel, and other material and functionality and all other information (“Content”). You acknowledge that the Content is protected by copyright, trade-marks, service marks, patents, and/or other proprietary arrangements and laws and you are only permitted to use this Content as expressly authorized in writing by TSX. (b) The words and logos for HDA are trade-marks of TSX or its service providers, and TSX and the TSX logo are registered trade-marks of TSX (collectively, the “TSX Marks”). You agree to not display or use the TSX Marks in any manner without our prior written authorization. 8. Termination (a) If you breach this User Agreement, then in addition to any other rights we may have, TSX will have the right to (i) immediately suspend your access to HDA, (ii) immediately suspend the access to HDA of the company with which you are associated (and its respective Authorized Users), or (iii) terminate this User Agreement immediately in respect of you, the company with which you are associated, and its Authorized Users. (b) If an Authorized User ceases to be associated with any company, that Authorized User’s access to HDA will immediately terminate with respect to that Authorized User’s associated company. (c) Either of us may terminate this User Agreement for any reason on thirty (30) days’ notice. (d) TSX, in its sole discretion, may from time to time make additions to, deletions from or modifications to HDA or manner of making HDA available, and may, without notice to you, terminate your access to HDA for any reason. 9. General (a) This User Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, representations, proposals, discussions and understandings, oral or written. (b) This User Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Each party consents to the jurisdiction of the courts of Ontario to hear any action brought with respect to this User Agreement. (c) All notices to a party will be via e-mail. Notices to TSX should be made to help.tradingdata@tsx.com. Notices to you will be made to the e-mail address that you provided as part of your User Information for your company. A party may change their e-mail address by giving notice to the other party under this section. TSX may broadcast notices or messages on HDA which will constitute notice to you. Notice by e-mail will be deemed received forty-eight (48) hours after the e-mail is sent, unless the sending party is notified that the e-mail is invalid. (d) This User Agreement will be binding upon and enure to the benefit of each party and their respective successors and permitted assigns. You may not assign this User Agreement. TSX may assign this User Agreement upon written notice to you. (e) The failure of either party at any time to require performance of any provision will not affect the right to require performance at any other time, nor will the waiver by either party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself. (f) If any provision of the User Agreement is declared illegal, void or unenforceable for any reason, that provision will be severed from this User Agreement and the remaining provisions will continue in full force and effect. (g) Neither party will be liable for any failure or delay in performing its obligations under this User Agreement, other than payment obligations, due to causes outside its reasonable control. A party claiming the benefit of this section will use all reasonable efforts to eliminate the cause of the delay. (h) The provisions of Sections 2, 4, 5, 6, 7, 8, and 9 will survive any termination or expiration of this User Agreement. (i) The parties agree that this User Agreement be drawn up in English only but without prejudice to any such documents or instruments which may from time to time be drawn up in French only, or in both French and English. Les parties aux présent confirment leur volonté avec le présent contrat de même que tous autres documents s'y rapportant soient rédigés en anglais seulement, mais sans préjudice cependant à tous tels documents que pourrant à l'occasion être rédigés en français ou à la fois en français et en anglais. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN IN YOUR CAPACITY AS AN AUTHORIZED USER, AND IF YOU ARE A PRINCIPAL CONTACT, ON BEHALF OF THE COMPANY WITH WHICH YOU ARE ASSOCIATED. IF YOU ARE NOT AN AUTHORIZED SIGNING OFFICER OF THE COMPANY, BY SIGNING THIS AGREEMENT, YOU ARE CONFIRMING THAT THIS AGREEMENT HAS ALSO BEEN SIGNED BY AN AUTHORIZED SIGNING OFFICER ON BEHALF OF THE COMPANY.
