Mulvihill Capital Management Inc.

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, registered as a “portfolio manager, investment counselor, limited market dealer and/or mutual fund dealer” or its equivalent with securities regulators in all provinces and territories across Canada, and a member of the Investment Funds Institute of Canada and the Investment Counselors Association of 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.

Mutual Fund and Pooled Fund Disclosure

The Content on this Website includes information on mutual fund and pooled fund products and services. Commissions, trailing commissions, management fees and expenses may all be associated with mutual fund investments. Please read the offering documents of the mutual funds in which you are interested before investing. Any performance date included in this Website will usually assume the reinvestment of distributions, but will not take into account sales, redemption, distribution or optional charges or income taxes payable by any securityholder that would have reduced returns. There can be no assurances that a mutual fund will be able to maintain its net asset value or that the full amount of your investment in a mutual fund will be returned to you. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. In addition, the mutual funds are not insured by the Canada Deposit Insurance Corporation or the Régie de l 'assurance-dépôts du Québec. Mulvihill Pooled funds are not guaranteed or insured by CDIC or any other deposit insurer or financial institution.

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 e-mail 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.