Terms of Use

Introduction

These are the Terms of Use for the PerformanceForward websites. PerformanceForward is a division of Toteflix Inc. PerformanceForward operates the performanceforward-com.preview-domain.com and performanceforward.ca (“Main Sites”), and other syndicated content websites (“Network Sites”). The Main Sites and Network Sites form “PF.” We develop, find, describe and link to investor learning resources. PF is a learning center. 

PF is not a financial advisor and does not provide financial advice

Anyone visiting PF or using PF is a “User.” The information, calculators and interactive software that PF presents are learning resources (“Content”) for User’s personal use. The Content also includes user-generated content and links to third-party sites. 

The Content is not financial, legal or tax advice. PF and the Content are not professional financial and investment advice. Users should seek professional advice from licensed financial, legal, and tax professionals. 

Content may use historical investment performance information. However, past performance does not guarantee nor indicate future investment returns. 

PF owns or licenses all Content 

User shall not copy or plagiarize Content. User has read the PF Privacy Policy. If dissatisfied with PF or the Content, User’s sole recourse is to not use PF and the Content. 

PF encourages Users to submit comments. But, PF reserves the right edit or delete comments at PF’s sole discretion. 

PF does encourage: 

Users to submit comments Linking to relevant content Users to respect other users and contributors Users to submit or suggest 

Content PF does not permit: 

  • Spam or solely promotional comments
  • Comments that are not relevant to the post topic
  • Profanity Offensive language 
  • Abusive, threatening, pornographic, offensive, misleading or libelous comments 
  • Comments that attack others
  • Harassment of other posters Anonymous comments

Disclaimers and Limitations of Liability

User accesses and uses PF and the Content at User’s own risk. Toteflix provides PF and Content on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Toteflix DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Although PF does its best to find or produce intelligent Content, Toteflix makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of PF or any Content; (ii) any harm to User’s computer system, loss of data, or other harm that results from User’s access to or use of PF or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by PF; and (iv) whether the PF or the Content will meet User’s requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PF or the Content, will create any warranty or representation not expressly made herein.
 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTEFLIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PF OR THE CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON PF, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM PF; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER SUBMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOTEFLIX EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT USER PAID TOTEFLIX, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT TOTEFLIX HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 

Other Provisions

If any of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. If Toteflix fails to enforce any right or provision of these Terms, that failure is not a waiver of such right or provision. For U.S. users, the Terms of Use are governed by the laws of the United States of America and the laws of the State of Washington. PF may change any of the Terms of Use at any time by updating the Terms of Use at the Main Sites. The changes will not be retroactive.