By accessing the Website, you acknowledge these Terms and agree to be bound by them. If you do not agree to these Terms, you are not permitted to access the Website and must not access the Website. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and you agree to review these Terms regularly, and your continued access or use of the Website will mean that you agree to any changes.
We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. We may terminate the authorization, rights and licence given in these Terms and, upon such termination, you shall immediately destroy all information and materials obtained by you from the Website.
A. Use of Website
We are not responsible in any manner for any damages, losses or expenses (including direct, indirect, special, consequential, incidental or punitive damages), however caused, arising directly or indirectly out of your use of the Website and/or any web browser or device, or your inability to use the Website, or any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet, even if we or our representatives are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, you agree to indemnify us against any and all liability resulting from any claims arising in relation to your use of the Website.
Other websites accessed by hyperlink appearing from the Website are for convenience only and are to be used at your own risk. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website. We do not review or control, and are not responsible for, any websites linked from or linking to the Website, the content of those websites, the privacy practices or security standards of those websites, the third parties named therein, or their products or services.
The Website is provided on an “as is” basis and we do not make any express or implied representations, warranties, endorsements or conditions with respect to the Website or any of its contents, including without limitation, any warranties or conditions as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Any implied warranties or conditions, statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law. In accessing the Website you have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
C. Information on the Website
The statements contained herein are based on material believed to be reliable and are provided for informational purposes only. They do not provide financial, legal, accounting, tax, investment or other advice, and should not be acted or relied upon in that regard without seeking the advice of a professional. Any graphs or visual aids used are used for illustrative purposes only. We cannot guarantee the information is accurate, complete or current at all times. Particular investment or trading strategies should be evaluated relative to each investor’s objectives, risk tolerance and particular circumstances. We are not liable for any errors or omissions in the information or for any loss or damage suffered. The information on the Website does not constitute the official version of our disclosure documents and may not always be the most current. We endeavour to keep information current, but certain information may be subject to change.
D. Forward-looking Statements
The disclosure on the Website of Extuple’s investment strategies and intentions may constitute “forward-looking information” for the purpose of applicable securities legislation, as it contains statements of Extuple’s intended course of conduct and future operations of Extuple and the investment funds managed by us or to be managed by us (the “Extuple Funds”). These statements are based on assumptions made by Extuple of the success of its investment strategies in certain market conditions, relying on the experience of Extuple’s officers and employees and their knowledge of historical economic and market trends. Investors are cautioned that the assumptions made by Extuple and the success of its investment strategies are subject to a number of mitigating factors. Economic and market conditions may change, which may materially impact the success of Extuple’s intended strategies as well as its actual course of conduct.
E. Trademarks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Website may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of Extuple or other third parties.
Copyright © 2018 Extuple Management Inc. All information in the Website is protected under the copyright laws of Canada and/or other countries. Users of the Website shall be entitled to a single copy of any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading” or “mirroring”, without the prior written consent of Extuple. Except as provided above, no one has permission to copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, republish, use to create derivative work or otherwise use for public or commercial purposes in any form, any information found on the Website.
Any unauthorized downloading, re-transmission, or other copying or modification of Trademarks or other contents of the Website may be a violation of statutory or common law rights which could subject the violator to legal action.
E. Product Information
Products and services of Extuple and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale, and then only to investors who may lawfully purchase them. All products and services are subject to these Terms of the applicable agreement. The information provided on the Website is for general information purposes only and is subject to change without notice. The Website, and any information contained in it, is not, and under no circumstances is to be construed as, an invitation to make an investment in any of the Extuple Funds, nor does it constitute a public offering, solicitations or an offer to sell any of the Extuple Funds or buy or sell any other securities. It should not be relied upon when evaluating the merits of a potential investment in any securities.
Important information about the Extuple Funds, including their investment objectives and strategies, purchase terms, applicable management fees, incentive fees (if any), and and other charges and expenses, is contained in their respective offering document and/or subscription agreement. Please read these documents carefully before investing. Commissions, trailing commissions, management fees, incentive fees, other charges and expenses all may be associated with investing in the Extuple Funds. Performance and other data presented herein are estimated and reflect returns to an investor after deduction of all operational expenses but do not take into account sales, redemption, distribution or optional charges or income taxes payable by any securityholder that would have reduced returns. Performance data also assume reinvestment of all interest, dividends and capital gains. Actual returns will vary from one investor to the next in accordance with these Terms and the governing documents of the applicable Extuple Fund. The Extuple Funds are not guaranteed, their values change frequently and past performance is not an indication of future performance. Comparisons to indices and other benchmarks are inherently unreliable indicators of future performance. The strategies and current holdings of the Extuple Funds are subject to change. Any graphs or visual aids used are only used to illustrate the effects of the compound growth rate and do not reflect future values of any Extuple Fund or returns on investment of any Extuple Fund.
F. Non-Canadian Investors
The information contained herein does not constitute an offer or solicitation to anyone in the United States or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should contact their financial advisor to determine whether securities of the Extuple Funds referred to on the Website may be lawfully sold in their jurisdiction.
The Website is administered by Extuple from its offices in Canada. Except where prohibited by the laws of your jurisdiction, the Website will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Website or these Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. 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 the Website or these Terms.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms are not transferable by you in any way and may not be assigned to any third party without our prior written consent.
No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
TOR01: 7597629: v1