Legal
IMPORTANT! PLEASE READ ALL OF THE FOLLOWING WEB SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THEY CONTAIN LEGALLY BINDING TERMS AND CONDITIONS AND IMPORTANT INFORMATION REGARDING CERTAIN RESTRICTIONS IMPOSED BY STATUTE AND THE APPLICABLE SECURITIES REGULATORY AUTHORITIES ON THE DISTRIBUTION OF INFORMATION THROUGH THIS WEB SITE.
Website Terms and Conditions of Use
This web site (the "Website") is provided solely for informational purposes by Mulvihill Capital Management Inc., ("Mulvihill"), a corporation incorporated under the laws of Canada. Mulvihill is registered as an investment fund manager, portfolio manager, mutual fund dealer and exempt market dealer in Canada.
Your use of the Website is conditional on your acceptance of the terms
and conditions of use set forth below (the “Terms and Conditions”).
By visiting or using this Website, including without limitation accessing,
using, and/or downloading messages, information, data, text, software,
images, or other content from this Website (collectively the “Content”),
or sending messages, information, data, text, software, images, or other
Content to the Website, you agree on your own behalf, and on behalf of
any entity on whose behalf you may act, to accept and abide by the Terms
and Conditions for each use of and each visit to this Website. If you
do not agree to abide by these Terms and Conditions, please discontinue
use of the Website.
Mulvihill has the right, in its sole discretion, to add to, remove, modify
or otherwise change any part of the Terms and Conditions, in whole or
in part, at any time. Changes will be effective when notice of such change
is posted at the Website.
Please check the Terms and Conditions frequently for updates by checking
the date of the “Last Update” at the top of this document.
If any term, condition or any change is not acceptable to you, you must
discontinue your use of this Website immediately. Your continued use of
this Website after any such changes are posted will constitute acceptance
of those changes.
The Content includes information on products and services offered by Mulvihill
(“Mulvihill Products and Services”). Mulvihill Products and
Services are subject to the terms and conditions of the applicable agreements
governing their use, some of which are included in the Content.
These Terms and Conditions are to be read by you together with any terms,
conditions or disclaimers governing Mulvihill Products and Services.
Mulvihill may, at any time without notice or liability, and for any reason
whatsoever, terminate, change, suspend or discontinue any aspect of this
Website, including (i) changing the availability of, restricting access
to, or imposing limits on any or all features or services on, or links
to, the Website, (ii) adding, removing or changing any fees or charges
for use of the Website or any features thereof, or (iii) removing, adding,
modifying or otherwise changing any Content on this Website. Mulvihill
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of this Website at any time without notice, but confirms
that it has no duty to do so.
Limited License
You are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable,
revocable, limited license to display on your computer, download, print
and use the Content of this Website for informational purposes only and
solely for your own personal or internal company use. You must include
with any display or copy of the Content all copyright, trademark, service-mark
and other proprietary notices contained in the Content. No other use is
permitted.
You may not:
(a) modify any Content;
(b) reproduce, display, publicly perform, distribute, or otherwise use
any Content in any way for any public or commercial purpose;
(c) include any Content in or with any product that you create or distribute;
(d) copy any Content onto your own or any other website; or
(e) use this Website in any manner that could damage, disable, overburden,
impair, interfere with the security of, negatively affect the functioning
of, or otherwise abuse, this Website or any services, system resources,
accounts, servers, networks or affiliated or linked sites, connected
to or accessible through this Website (including without limitation
uploading, posting or otherwise transmitting to this Website computer
viruses, Trojan horses, worms or other files or computer programs which
are potentially harmful, disruptive or destructive or that may impose
an unreasonable or disproportionately large load on this Website’s
infrastructure; or using any robot, spider or other automatic program
or device, or manual process to monitor, copy, summarize, or otherwise
extract information from this Website or the Content in whole or in
part).
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your usage of
this Website, and that you will comply with all laws that apply or may
apply to your use of or activities on this Website or in respect of the
Content. Mulvihill will investigate occurrences which may involve violations
of such laws, and may involve, and co-operate with, law enforcement authorities
in prosecuting users who are involved in such violations. Mulvihill reserves
the right at all times to disclose any information regarding your usage
of the Website as necessary to satisfy any law, regulation or governmental
request.
Proprietary Rights
The Content is protected by Canadian and worldwide copyright laws and
treaty provisions. Any unauthorized copying, redistribution, reproduction
or modification of the Content by any person may be a violation of trade-mark
and/or copyright laws and could subject such person to legal action. You
agree to comply with all copyright laws worldwide in your use of this
Website and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases
on this Website, including without limitation “Mulvihill”
constitute trade-marks, trade names, trade dress and/or associated products
and services of Mulvihill or its affiliates (the “Marks”),
and are protected in Canada and internationally and their display on this
Website does not convey or create any licence or other rights in the Marks.
Any use of any of same, in whole or in part, without prior written authorization
of Mulvihill is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and
services mentioned on this Website may be the trademarks of their respective
owners. The display of these trade-marks, trade names, trade dress and
associated products and services on this Website does not convey or create
any licence or other rights in these trademarks or trade names. Any unauthorized
use of them is strictly prohibited.
Mulvihill prohibits links to the Website without prior written approval, and reserves the right to prohibit or refuse to accept any link to the Website at any time. You agree to promptly remove any link you may have to the Website upon the request of Mulvihill.
Privacy
Any of your personal information which Mulvihill collects via this Website
is subject to the Mulvihill Privacy Policy, which is incorporated by reference
into the Terms and Conditions. You hereby consent to the collection, use
and disclosure of your personal information in accordance with the Mulvihill
Privacy Policy. Please refer to the Privacy section
of this Website for further information.
User Communications
Subject to any applicable law and the requirements of the Mulvihill Privacy
Policy, any communications sent by or to you via this Website or otherwise
to Mulvihill are on a non-confidential basis, and Mulvihill is under no
obligation to refrain from reproducing, publishing or otherwise using
them in any way or for any purpose.
Mulvihill shall be free to use and disclose the content of any such communication,
including without limitation any ideas, inventions, concepts, techniques
or know-how disclosed therein, for any purpose including without limitation
developing, manufacturing and/or marketing goods and services. You agree
to not assert any ownership right of any kind in such communications (including
without limitation copyright, trade-mark, patent, unfair competition,
moral rights, or implied contract) and you hereby waive the right to receive
any financial or other consideration in connection with such communication,
including without limitation acknowledgement of you as the source of such
communications.
Mulvihill will not be responsible for any damages you may incur if you
communicate confidential information to Mulvihill via this Website, or
if Mulvihill communicates such information to you at your request.
Disclaimers
Informational Purposes
The Content on this Website is provided for informational purposes only
and is not intended to provide financial, legal, accounting or tax advice
and should not be relied upon in that regard. You should not act or rely
on the Content on this Website without first seeking the advice of appropriate
professional advisors.
Accuracy
Mulvihill makes reasonable efforts to ensure
that the Content is accurate at the time it is posted on the Website,
however, Mulvihill makes no representation or warranty of any kind regarding
the Website or the Content, including without limitation, any representation
or warranty regarding the accuracy, reliability, currency, or completeness
of the Content.
Use Outside Canada
Mulvihill makes no representation or warranty that the Content in this
Website is appropriate or available for use at any locations outside Canada.
Accessing the Content from locations where their contents are illegal
is prohibited. Those who choose to access this Website from other locations
do so on their own initiative and are responsible for compliance with
local laws.
Mulvihill Products and Services are only offered in jurisdictions where
they may be lawfully offered for sale, and are not necessarily available
in jurisdictions outside Canada. This Website does not constitute an offer
or solicitation to buy or sell any investment fund or other product or
service to anyone in any jurisdiction in which an offer or solicitation
is not authorized or cannot be legally made or to any person to whom it
is unlawful to make an offer of solicitation. If you are not resident
in Canada, you should first consult with your financial advisor to determine
if Mulvihill Products and Services may lawfully be sold in your jurisdiction.
No Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE (INCLUDING WITHOUT LIMITATION
THE CONTENT) IS PROVIDED ON AN “AS IS” BASIS; AND THAT ANY
USE OF OR RELIANCE ON THE WEBSITE SHALL BE AT YOUR SOLE RISK. YOU HAVE
THE SOLE RESPONSIBILITY TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS
TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.
MULVIHILL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES
DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES,
GUARANTEES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION
OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR
ANY PARTICULAR PURPOSE, OR AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS,
USEFULNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY,
MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR THOSE ARISING OUT
OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER
CERTAINTY, MULVIHILL DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO
OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
Limitations on Liability
YOU AGREE THAT IN NO EVENT WILL MULVIHILL OR ANY OF ITS AFFILIATES, AGENTS,
LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES,
HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS WEBSITE FOR
ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE
OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR
PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS
OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS
TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS WEBSITE,
THE CONTENT, ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB
SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT
OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE TRANSMISSION
OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) EVEN
IF MULVIHILL OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
Indemnity
You agree at all times to indemnify, defend and hold harmless Mulvihill,
its agents, suppliers, affiliates and their respective directors and employees
against all actions, proceedings, costs, claims, damages, demands, liabilities
and expenses whatsoever (including legal and other fees and disbursements)
sustained, incurred or paid by Mulvihill directly or indirectly in respect
of:
(a) any information or other content you provide on or through this
Website or by email or other correspondence; or
(b) your use or misuse of the Content or this Website, including without
limitation infringement claims.
Governing Law
This Website is controlled, operated and administered by Mulvihill from
its offices in Toronto, Ontario, Canada. By accessing this Website, you
agree that all matters relating to the access to, or use of, this Website
shall be governed by the laws of the Province of Ontario and the federal
laws of Canada applicable therein, without reference to its conflict of
laws principles, and that you will comply with all such applicable laws.
All disputes, controversies or Claims arising out of or in connection
with this Website shall be submitted to and be subject to the jurisdiction
of the Courts of the Province of Ontario. By using this Website, you submit
and attorn to the exclusive jurisdiction of the courts of the Province
of Ontario to finally adjudicate or determine any suit, action, or proceeding
arising out of or in connection with this Website.
General
The Terms and Conditions constitute the entire agreement between Mulvihill
and you with respect to the subject matter hereof, and supersede all communications,
representations or agreements, either oral or written, between Mulvihill
or its affiliates and you with respect to this subject matter. The division
of the Terms and Conditions into sections and the insertion of headings
are for convenience of reference only and shall not affect the construction
or interpretation of these Terms and Conditions. If for any reason a court
of competent jurisdiction finds any provision of the Terms and Conditions
or portion thereof to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the Terms
and Conditions, and the remainder of the Terms and Conditions shall continue
in full force and effect. Mulvihill’s failure to insist upon or
enforce strict performance of any provision of the Terms and Conditions
or any right shall not be construed as a waiver of any such provision
or right.