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New User Registration Member Agreement Please read the Member Agreement before continuing with the registration process. Welcome to timcestnick.com! This web site ("Site") is owned and operated by WaterStreet Financial Inc. (WFI), of Burlington, Ontario, Canada. The Site provides data and information ("Content") on Canadian tax issues, estate planning, investments in general, discussion forums and other services ("Services") such as financial calculators and other tools. The Site is open to visitors and registration is not necessary. Registration, however, is free and allows you to access other Services not available to visitors including participation in the Tax Talk discussion forum and the Mail Bag. By registering and checking the 'acknowledgement statement' box within the Member Registration page, you certify that the information you provide in the registration form is accurate and that you have read, understood and agree to be bound by the terms and conditions of this Member Agreement. Use of Site --------- You agree to use the Site, the Content and the Services solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity. You may view, download and print selected portions of the Content provided on this Site, on a limited and fair dealing basis, provided that any copyright, trade-mark or other proprietary notices are retained. You may not frame the Site and/or the Content or any part thereof on any commercial or non-commercial internet website. Any special terms and conditions for use of certain Content or Services provided on the Site and included elsewhere in the Site are incorporated into, and become part of, these terms and conditions. Except as expressly provided in these terms and conditions, any sublicensing, reproduction, retransmission, distribution, sale, publication, modification, translation, decompilation, disassembly, or conversion to another programming language or creation of derivative works of the Site, the Content and/or the Services, in whole or in part, without the prior written permission of WFI, is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these terms and conditions. We reserve the right to suspend or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion. New Services and New Terms ------------------------- Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these terms and conditions of this Member Agreement unless we notify you otherwise. We may update these terms and conditions by amending or modifying the terms and conditions or by imposing new terms and conditions at any time. We will provide notification to you when these terms and conditions have been updated. Your use of the Site after such notification indicates your acceptance of the updated terms and conditions. Trade-Marks ----------- Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site or in the Content may constitute trade-marks or trade-names of WFI, its Licensors or other third parties. Nothing in these terms and conditions or on the Site shall be construed as granting to you a licence to use any such trade-marks or trade-names. Copyright --------- The Site, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions. Title to the Site, the Content and the Services remains with WFI, Tim Cestnick, and/or its/his Licensors. Any unauthorized use of the Site or the Content is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights. Conformance with Law -------------------- You agree to use the Site, the Content and the Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these terms and conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Services, illegal, are not authorized to use the Site, the Content or the Services. Discussion Forum Participation Rules -------------------------------- Participants in the discussion forum (Tax Talk) must adhere to the following rules ("Rules"): 1. Keep all discussions to the subject of tax and estate planning. Please post informational comments relevant to the thread under discussion. 2. Your name will automatically appear as the author when you post a message. Therefore, you should not post anything in a message that you would not want everyone to know came from you. 3. Be respectful of others. Any messages containing profanity or that could be construed as defamatory, libelous or offensive to others, are not to be posted in the discussion forum and are strictly prohibited. The discussion forum is meant to stimulate discussion and conversation on tax and estate planning issues, and not to be disruptive, challenge or attack others. 4. Any complaint about another discussion forum participant should be directed to the moderators, and not posted in the discussion forum. 5. The discussion forum is not intended to be a substitute for professional tax and estate planning advice. Before making any decisions based on information, materials, comments or suggestions referred to in the discussion forum, it is advised that you contact a tax and estate planning professional. 6. Be aware of the legality of what you are posting. Intellectual property laws, rights of privacy or publicity, or any other applicable law, may protect messages that contain photos, text, software or other materials, unless you own or control those rights or have received all necessary consents. Verbatim posting, as opposed to links, may violate copyright law; therefore, it is best to provide short quotes and links to specific articles you wish to reference. By posting material, you represent and warrant that you own the copyright to such material or received the necessary permission from the rightful owner and that such message does not contain or is not in any way false or misleading in any representations. 7. Do not use the discussion forum to advertise your personal business, products, services or other personal causes. 8. You hereby grant to WFI, and its successors or assigns, a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any materials transmitted, uploaded or posted by you in the discussion forum (in whole or in part) and/or incorporate such materials in any form, media or technology now known or developed in the future. 9. The Forum moderators reserve the right to suspend or terminate the participation in the discussion forum of any person who violates the Rules. The moderators may also contact any persons involved to reinforce the Rules and try to resolve any issues brought to their attention. Discussion Forum Disclaimer: ------------------------- The information, comments, materials, opinions or advice expressed in the discussion forum are offered as a service to the public and are not necessarily those of WFI, Tim Cestnick, related or affiliated companies, principals or employees. Posting of the messages in the discussion forum should not be construed as an endorsement of any specific message, opinion or advice. Any information, comments, materials, opinions or advice posted in the discussion forum, should not be construed as an offer or the solicitation of an offer to buy or sell any securities mentioned. WFI does not, and is not obligated to, pre-screen or verify messages, material, information, comments, opinions, advice or suggestions and therefore from time to time may delete any posting not in compliance with the Rules or any other messages deemed to be inappropriate. WFI disclaims all warranties, including warranties of merchantability and fitness, and disclaims any liability for any damages whatsoever, including direct or consequential loss, loss of use, data or profits, arising out of or in connection with the posting or use of any information posted in the discussion forum. The information herein is of a general nature and is provided with the understanding that it may not be relied upon as, nor considered to be, the rendering of tax, legal, accounting, or other professional advice. All discussion forum participants and readers should consult with his/her/their own professional advisor(s) for advice based on his/her/their specific circumstances, and to ensure awareness of and compliance with any and all applicable laws, regulations, and governmental authorizations and orders, before undertaking any tax or estate planning or implementing any transaction(s). Linked Sites: ----------- The Site may contain hypertext links to other web sites of third parties. Such hypertext links should not be construed as our express or implied endorsement of any linked web site or an affiliation with their owners or operators. We cannot and do not warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information, data, or services available through these web sites, and we disclaim any opinions expressed on such web sites. DISCLAIMER AND LIMITATION OF LIABILITY: ------------------------------------ THIS SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. USE OF THIS SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK. NEITHER WFI, TIM CESTNICK, NOR ITS/HIS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT (AND ANY INFORMATION OR DATA CONTAINED THEREIN) OR THE SERVICES. WFI, TIM CESTNICK, AND/OR ITS/HIS LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT (AND ANY INFORMATION OR DATA CONTAINED THEREIN) OR THE SERVICES. THE INFORMATION PROVIDED IN THIS WEB SITE IS OF A GENERAL NATURE AND IS PROVIDED WITH THE UNDERSTANDING THAT IT MAY NOT BE RELIED UPON AS, NOR CONSIDERED TO BE, THE RENDERING OF TAX, LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. READERS SHOULD CONSULT THEIR OWN PROFESSIONAL ADVISORS FOR ADVICE BASED ON THEIR SPECIFIC CIRCUMSTANCES BEFORE TAKING ANY ACTION. FURTHER, THE ACCURACY AND/OR COMPLETENESS OF INFORMATION PRESENTED ON THIS WEB SITE IS NOT IN ANY WAY GUARANTEED BY WFI, TIM CESTNICK, OR ANY OF ITS/HIS PRINCIPALS, EMPLOYEES OR AGENTS. Viruses: ------ WFI cannot and does not guarantee or warrant that the Site, the Content or the Services are compatible with your systems or that the Site, the Content or the Services will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site, the Content or the Services. Indemnification: -------------- You agree that your use of the Site, the Content or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against WFI, Tim Cestnick and/or its/his Licensors. You agree, at your own expense, to indemnify and hold WFI, Tim Cestnick, and our directors, officers, employees, representatives, agents and Licensors harmless against any claim, suit, demand, action or other proceeding brought against us, our directors, officers, employees, representatives, agents and Licensors by a third party as a result of your breach of these terms and conditions. Severability: ----------- If any provision of this Agreement is held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect. No Waiver: --------- No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Governing Law: ------------- These terms and conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein and these laws apply to the use of the Site, the Content and/or the Services by you, notwithstanding your domicile, residency or physical location. The Site, the Content and the Services are intended for use only in jurisdictions where they may lawfully be offered for use and not intended for use where prohibited by law. Contact Us: --------- We value your visit to this Site and welcome any questions or suggestions you may have about the Site, the Content or the Services. Contact us by email, or call 1-877-974-7687. I agree to the terms of the Member Agreement. Privacy Policy Privacy Policy Commitment to Privacy -------------------- Privacy issues, including security and confidentiality of personal information disclosed on or through the Web Site, are viewed very seriously by WaterStreet Financial Inc. (WFI) and Tim Cestnick. Policies governing the protection of privacy are strictly observed and enforced to ensure the highest standards of protection of privacy and personal information. Credit Card Transactions --------------------- All credit card transactions are processed with a high level of security by a professional payment authorization service, which was chosen for security and reliability by our experienced web professionals. Only the purchase price and the credit card information provided by the customer are supplied to the credit card processing service. Information collected during transactions is maintained in their database for accounting and billing purposes. Information from these transactions is not released to third parties or used for any means other than described. When you order from this Web Site we may use an outside shipping company to ship orders. In this case, some of your information will have to be shared with these companies. We deal only with shipping companies that adhere to our strict policy regarding the use of personally identifiable information. Rest assured these companies do not use the information provided for any secondary purpose. Use of Cookies ------------- This Web Site uses a web browser feature called cookies to remember what you have seen on our website so that we can provide a better user experience for you. A cookie is a small amount of data sent to your web browser which is stored on your hard drive in a place determined by your browser. WFI does not store any of your personal information in cookies. We will not share any of your cookie information with a third-party. Further, once the user closes their browser, the cookie simply terminates. Use of Information Collected ------------------------- WFI uses the information collected from registered visitors to address the specific needs of the visitor and to provide better customer service. For example, information about the number of visitors from each province or territory will assist WFI in determining what type of information to provide on the Web Site. The information is also used to provide records of communication between WFI and its online registered users and to comply with any legal and/or regulatory requirements. WFI DOES NOT SELL, RENT OR RELEASE PERSONAL INFORMATION GATHERED ON OUR SITE TO OTHER COMPANIES, INDIVIDUALS OR GROUPS. Although we use all reasonable means to ensure that the information you provide to us is not used by third parties for any purpose, WFI and Tim Cestnick are not responsible for any improper use of your personal information that is beyond our control. Access to Information Collected --------------------------- Certain WFI employees may be provided with information about a Web Site visitor in order to serve that visitor's needs. WFI employees are instructed to use strict standards of care in handling the personal, confidential information and the handling of such information is dealt with in WFI's Code of Conduct. Non-compliance with WFI's confidentiality rules will result in disciplinary sanctions that may include dismissal. Changing Personal Information --------------------------- If a registered user's personally identifiable information changes (such as your phone number or postal code), or if a user no longer wishes to be registered, we will correct, update or remove that user's personal data provided to us, as requested. This can be done by emailing our Customer Support. Web Site Links ------------ This Site may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other Web sites. Updates to this Policy ------------------ This privacy policy may be updated occasionally. A current version of our privacy policy will always be present at this location and we will continue to respect the wishes and concerns of our visitors. Questions or Comments --------------------- If you have any questions or comments regarding this privacy, please email our Privacy Manager. Your privacy is a priority to us. I agree to the terms of the Privacy Policy. By completing the registration process and clicking on "I agree", you agree to be bound by all the Terms and Conditions of this Agreement.