Your privacy is important to First Phase Media. This privacy statement details information about the personal information that First Phase Media collects, and the ways in which First Phase Media uses that information.
Terms of Service & Disclaimer
First Phase Media Inc. (“First Phase”, “Us”, “Our” and/or “We”) is a Canadian based media company that typically works with publicly traded companies and provides digital marketing strategies and services.
We are NOT securities dealers or brokers, investment advisors or financial advisors, and you should not rely on the information herein as investment advice. We are a marketing company and are paid advertisers. If you are seeking personal investment advice, please contact a qualified and registered broker, investment advisor or financial advisor. You should not make any investment decisions based on our communications.
First Phase is typically paid by a public issuer to produce, edit, and host the digital content and/or associated web pages & advertisements at the exclusive direction of the featured issuer and the information, opinions and content of such web pages and/or advertisements are solely those of the featured issuer and do not represent the opinions of First Phase. First Phase is paid as and acts solely as a production and content hosting service. First Phase has made no independent investigation into the accuracy, adequacy or timeliness of any information contained in the featured issuer web pages and/or advertisements. Viewers relying on any information or opinion contained in any featured issuer’s presentation do solely at their own risk and First Phase denies any liability associated therewith.
Nothing on this web page or the associated advertisements shall be considered as an offer to buy or sell securities of any featured issuer.
First Phase may own securities of or may have participated in the financings of some or all of issuers of securities who are First Phase's clients. From time to time, First Phase may receive cash compensation or receive securities for services, or a combination of the two from some or all of our clients and may make purchases and/or sales of those securities in the open market or otherwise. If We own securities in a public issuer that we provide marketing services for, We will disclose that. If this website contains any information regarding any public issuer, First Phase may have been engaged by such public issuer to provide marketing services to it, the information contained herein relating to such public issuer has been prepared by or on behalf of such public issuer and the information regarding such public issuer is being provided to you by First Phase at the direction of, and on behalf of such public issuer.
Please do your own research before investing, including reading the company’s SEDAR and SEC filings, press releases, and risk disclosures. It is our policy that information about a client was provided by the client company, extracted from SEDAR and SEC filings, company websites, and other publicly available sources. We believe the sources and information are accurate and reliable but we cannot guarantee it. We do not guarantee the timeliness, accuracy, or completeness of the information on our website / media webpage.
At most, this communication should serve only as a starting point to do your own research and consult with a licensed professional regarding the companies profiled and discussed. Conduct your own research. We do not provide personalized or individualized investment advice or advice that is tailored to the needs of any particular recipient.
SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC TRANSACTIONS. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING YOUR “CREDENTIALS” (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND APPLICATIONS.
1. CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement (including any Annex) at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended. Note that when we add or modify a “Premium Service” (defined below), we may modify this Agreement with respect to such Premium Service. If you have the Agreement cached on a browser, the applicable Agreement is the most recent version of the Agreement that appears on a non-cached browser. You should review the Agreement on our “Platforms” (defined below) frequently.
2. THE SERVICES
The Services include our written and digital publications and materials, websites (including, but not limited to, firstphase.agency , mobile applications, social media accounts and all other online and other platforms (collectively, the “Platforms”), all “Content” (defined below) displayed on or delivered through the Platforms, and memberships (collectively, the “Services”). “Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including, but not limited to, access to conference calls), software, analytic tools, and any visual, audial or digital content made available on or through a Platform.
3. DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE
You acknowledge and agree to the following:
We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that First Phase shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.
Certain Content or other features of the Services may also have their own specific terms and conditions that you agree to when you sign up for, or use, that particular product, function, or service (“Specific Terms of Service”). Specific Terms of Services may be described in an Annex to this Agreement and/or may be provided to you through the Services at the time you elect to sign up for, or use, that particular Service. Each Specific Terms of Service supplements and is made part of this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable Service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIRST PHASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE “FIRST PHASE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE FIRST PHASE ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. THE FIRST PHASE ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT OF, THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE FIRST PHASE ENTITIES, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. FIRST PHASE FURTHER DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND FIRST PHASE DOES NOT MAKE ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT RESULTS, PROFITS, LOSSES, RETURNS, PERFORMANCE OR OTHER OUTCOMES) THAT MAY BE OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE UPON, THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
6. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE FIRST PHASE ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS, DIMINUTION OF VALUE, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE FIRST PHASE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FIRST PHASE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION — WHETHER IN CONTRACT, EQUITY, TORT OR OTHERWISE — EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The commencement of any action or proceeding on any claim regarding the Services must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought against you for indemnification.
You agree to indemnify, defend and hold harmless the First Phase Entities, their current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from:
If any Service which is subject to this indemnity is claimed, alleged or determined to infringe a patent issued to, or a copyright registered by, or either owned by or licensed to, any third party, First Phase shall have the right and option to modify the Services to avoid such infringement. If, in our sole opinion, such modification cannot practicably be accomplished to avoid such infringement, we shall have the right to terminate this Agreement without liability on the part of any First Phase Entity to you. In the event your purchase of a Premium Service is terminated under this paragraph, we will refund to you the full price for any unused portion of such Premium Service. In such an event, First Phase shall have the right in our sole discretion to elect to defend against or to settle any such third-party claim or third-party suit. You shall, at First Phase’s request, but at our expense, cooperate with us and provide assistance and information with respect to any such claim or suit. We shall have the right to select counsel, at our expense, to defend against any such claim or suit. If you shall also elect to be represented by your chosen counsel, you shall pay the fees and expense of such counsel. You must receive First Phase’s prior written consent regarding, and in advance of, any related settlement.
This defense and indemnification obligation shall survive this Agreement and your use of the Services.
8. THIRD-PARTY PROVIDERS & THIRD-PARTY SITES
First Phase may retain affiliates and/or other third-party service providers to assist or support us in providing the Services (including, but not limited to, any security, technology, support, legal, compliance, administrative or similar function), and to assist with marketing and business development (including, but not limited to any merchandise referral programs) (each a “Third-Party Provider”).
The Services may contain links to third-party websites, advertisers, products, content, information, services or other events or activities that are not owned or controlled by First Phase (collectively, “Third-Party Sites”). We do not endorse or assume any responsibility for any such Third-Party Site. If you access a Third-Party Site via a link on the Platform, the inclusion of any link to a Third-Party Site on the Platform does not imply that we endorse such Third-Party Site, and your access and/or use of the link and the Third-Party Site is done at your own risk. A Third-Party Site may have its own service agreement or other related terms and conditions, and it is solely your obligation to review, accept and abide by those service agreements or other related terms and conditions. You expressly agree that First Phase is not responsible or liable in any way for (i) the availability or accuracy of any such Third-Party Sites or (ii) the content, terms and conditions, policies, advertising, practices or products of any such Third-Party Sites. Additionally, your dealings with or participation in the promotions of any advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that First Phase shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. GOVERNING LAW; VENUE
This Agreement is governed under the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and you agree that any judicial proceeding, suit or other action relating to or arising under this Agreement, the Services or a breach of any User’s User Data, will be commenced only in a court of competent jurisdiction located in the City of Vancouver, in the Province of British Columbia. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under this Agreement or the Services. You also agree to waive the right to file a class action claim relating to or arising under this Agreement or the Services.
In the event you bring a claim against First Phase in a foreign jurisdiction (a court other than in Toronto, Ontario), First Phase will move the court to dismiss such claim per your acceptance of this Agreement existing at the time of your purchase of, use of, or access to the Services and your continued use of the Services as evidence of acceptance of the Agreement and this Section.
The parties agree that the foregoing obligation is independent from all other obligations herein. You acknowledge that, in the event you commence a judicial proceeding in any court other than the courts in Vancouver, British Columbia as described herein, First Phase may incur costs and expenses, including attorneys’ fees, to enforce this provision. You expressly agree that you will reimburse First Phase for any such costs and expenses, including, but not limited to, attorneys’ fees incurred by us within ten (10) days of receiving a written demand from us for such reimbursement. You further agree that if you do not timely reimburse First Phase as previously described in this Section, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees incurred by us in seeking to collect or recover from you the amount subject to reimbursement.
First Phase Media news and information is of the highest quality and editorial integrity, and the First Phase Media name and brand is a distinguishing mark of excellence. The First Phase Media Brand Attribution Guidelines are part of your agreement with First Phase Media and ensure that you are able to easily leverage the strength of our brand. Capitalized terms used in these First Phase Media Brand Attribution Guidelines have the same meaning as in your agreement.
You may not remove or conceal any copyright, trade mark or other proprietary notice included with or incorporated into any item of Content provided in a First Phase Media Service.
Except as set forth below, if any item of Content delivered by First Phase Media carries a First Phase Media credit or a Third Party Provider credit, and you reproduce a substantial part of such item in your Client Property, you must clearly and prominently display a credit to First Phase Media or the relevant Third Party Provider. Reproduction of a “substantial part” shall mean use of any item of Content by incorporating it into the Client Property as it was provided by First Phase Media or by making only insubstantial alterations to it.
If you are using Content from a First Phase Media Service as a source of facts, figures, statements, quotes, background material and/or other portions of text and combining it with non-First Phase Media provided material to create original news stories, you will give reasonable attribution to First Phase Media or the relevant Third Party Provider as the source material within your finished news story.
Unless explicitly mentioned in your agreement, you are not required to credit First Phase Media for video or live video Content incorporated into your Client Property. However, credit to a Third Party Provider’s video may be required, as specified in the accompanying asset Restrictions.
Where any picture or graphic is attributed to any individual (in addition to First Phase Media or any Third Party Provider), you must clearly and prominently display such attribution (for example, REUTERS/Jane Doe, where “Jane Doe” is the name of the photographer).
Where any text story is used in the Client Property substantially as it was provided to you, you will maintain the original First Phase Media dateline and author attribution (i.e., the byline) that appears together with the story.
If you translate the Content from the original language in which it was provided, you will identify you have made the translation.
Pursuant to an agreement between First Phase Media and LOVE Pharma, First Phase is being paid $121,000 CAD for coverage on LOVE Pharma, for a period from October 1, 2021 to November 1, 2021. We may buy or sell additional shares of LOVE Pharma in the open market at any time, including before, during or after the Website and Information, to provide public dissemination of favourable Information about LOVE Pharma.
Pursuant to an agreement between First Phase Media and Tier One Silver, First Phase is being paid $126,000 CAD for coverage on Tier One Silver, for a period from March 1, 2022 to April 15th 2022. We may buy or sell additional shares of Tier One Silver in the open market at any time, including before, during or after the Website and Information, to provide public dissemination of favourable Information about Tier One Silver