Terms of Service - Effective Date: November 27, 2024

Note: we actively solicit feedback on our terms of service; please send any comments or questions to support@pathbound.ca.

1. User's Acknowledgment and Acceptance of Terms

Wildcard Business Solutions Inc. (“Wildcard,” “Us,” or “We”), operating under the brand Pathbound, provides the Pathbound site and various related services (collectively, the “Site”) to you, the user, subject to your compliance with the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any additional rules or agreements related to specific services or materials available on this Site. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

Definitions:

  • “Wildcard” refers to Wildcard Business Solutions Inc., the legal entity responsible for the provision of all services under the Pathbound brand.
  • “Pathbound” refers to the brand name and services marketed, operated, and delivered by Wildcard.
  • “Site” collectively refers to the Pathbound website (pathbound.ca), its subdomains, and any applications or services provided under the Pathbound brand.
  • "Affiliate" includes Wildcard Business Solutions Inc., its owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers. Affiliates also include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
  • “User Content” includes any text, images, data, or other materials submitted by users on or through the Site.

By using this Site, you acknowledge that Pathbound, a brand operated by Wildcard, is responsible for all content, services, and interactions conducted through the Site.

By accessing or using this Site, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you must discontinue use of the Site and its services. Your continued use of this Site after modifications constitutes acknowledgment of the revised Terms of Service.

For the purposes of this agreement, Affiliates are as defined under the Definitions section.

2. Description of Services

We make various services available on this site including, but not limited to, trade journaling, trade analysis, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you, but only as specifically listed in our Privacy Policy.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  • a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate.

We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See (Use of Your Materials) below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Intellectual Property Rights

Ownership of Content

All content included on this Site, such as text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of Wildcard or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on this Site is the exclusive property of Wildcard and is protected as such under copyright laws.

License to Use Content

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Service. As a condition of your use of the Site, you agree that you will not:

  • Reproduce, distribute, publicly display, or otherwise exploit any content from the Site for commercial purposes, except as expressly authorized.
  • Reverse engineer, decompile, or disassemble any software or applications on the Site.

User-Generated Content

By submitting or posting any content to the Site, you grant Wildcard and its affiliates a non-exclusive, royalty-free, worldwide license to use, reproduce, display, perform, adapt, modify, distribute, and promote such content in any medium. You warrant that you own or have sufficient rights to the content you submit and that such use will not infringe or violate the rights of any third party.

Wildcard is not responsible for the legality or copyright status of user-uploaded content.

6. Subscriptions

Subscription services are provided by Wildcard Business Solutions Inc. through its Pathbound platform.

Certain services provided by Pathbound require payment through subscription plans. By subscribing to Pathbound services, you agree to:

    a. Subscription Terms

  • You will be charged on either a monthly or annual or biennial basis as selected at the time of purchase.
  • All payments are due in advance of the subscription term.

b. Payment Information

You are responsible for providing accurate payment information and ensuring it remains current throughout the subscription period.

If your payment method is declined, your access to paid services may be interrupted.

c. Refund and Cancellation Policy

Pathbound does not offer refunds for subscriptions except as required by applicable law. All payments made are final and non-refundable.

At its sole discretion, Wildcard may issue pro-rated refunds in exceptional circumstances, evaluated on a case-by-case basis. Such refunds are not guaranteed and remain subject to Wildcard's policies.

Pathbound is not responsible for continued subscriptions if a customer forgets to cancel their account. It is the customer’s responsibility to confirm the cancellation.

7. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

8. Accuracy of Information

All of the information on this website is for entertainment and educational purposes only. While the information is believed to be accurate, none of the information on this site should be considered solely reliable for use in making actual investment decisions. Pathbound is a distributor (and not a publisher) of content supplied by third parties. None of the information on this website is guaranteed to be accurate, complete, useful, or timely. Pathbound and its third-party providers do not warrant or guarantee such accuracy, completeness, usefulness or timeliness. Pathbound neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Pathbound.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

  • a. THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS,
  • b. THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  • c. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
  • d. THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided AS IS and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

13. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

14. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

15. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at support@pathbound.ca.

In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

16. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

17. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

18. Governing Law and Dispute Resolution

a. Jurisdiction: These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

b. Dispute Resolution: Any disputes arising out of or in connection with these Terms of Service shall be resolved through binding arbitration in Ontario, Canada. Both parties agree to waive their right to a trial by jury or to participate in a class action.

19. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Pathbound. If you notice that any user is violating these Terms of Service, please contact us at support@pathbound.ca.