TERMS AND CONDITIONS OF USE
Last Update: November 2012
Please read the Terms and Conditions carefully before using this web site
1. Terms and Conditions of Use of Site
This web site (the Site) is provided solely for informational purposes by Thornmark Asset Management Inc. (Thornmark ), and its use by you is conditional on your acceptance of the terms and conditions of use set forth below (the Terms and Conditions). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Site (collectively the “Content”), or to send messages, information, data, text, software or images, or other Content to the Site, 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 Site. If you do not agree to abide by these Terms and Conditions, do not use this Site.
Thornmark 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 Site.
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 thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with Thornmark.
Thornmark may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site.
Thornmark reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
2. Limited License
You are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print and download and use the content of this Site for informational purposes only and solely for your own personal or internal company use. You may not modify any Content that you use. No other use is permitted.
You may not:
(a) resell any Content;
(b) include any Content in or with any product that you create or distribute;
(c) copy any Content onto your own or any other website; or
(d) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site 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 Sites 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 Site 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 Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. Thornmark 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. Thornmark reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.
3. Proprietary Rights
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation Thornmark constitute trade-marks, trade names, trade dress and associated products and services of Thornmark or its affiliates (the Marks), and are protected in Canada and internationally and their display on this Site 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 wOther trade-marks, trade names, trade dress and associated products and services mentioned on this Site 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 Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
4. Linked Sites
Certain links on this Site may take you to other web sites. Thornmark provides these links only as a convenience.
Thornmark is not responsible for the content of any such linked pages. Thornmark makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. If you use these sites, you will leave this Site.
If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Thornmark welcomes links to this Site. However, you agree that if you want to link to this Site your website shall not:
5. Forward-looking Statements
- create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
- imply that Thornmark is endorsing you or any other person, or your or such other persons products or services;
- imply an affiliation between you or any other person, or your or such other persons products or services, and Thornmark without the prior written consent of Thornmark;
- misrepresent the relationship of you or any other person with Thornmark or present false, misleading or otherwise damaging information or impressions about Thornmark or any of its products or services; or
- contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate.
Certain documents and information in this Website or available through this Website, including statements which may contain words such as “could”, “expect”, “believe”, “plan”, “may”, “will” and similar expressions and statements relating to matters that are not historical facts, are forward-looking statements. Actual results, performances or achievements may be materially different from results, performances or achievements expressed or implied by such forward-looking statements. Forward-looking statements are qualified by known and unknown risks and uncertainties surrounding future expectations, including but not limited to risks associated with general industry and market conditions and growth rates; international growth and global economic conditions, including interest rate and currency exchange rate fluctuations; adverse regulatory action; technological change; taxation; availability of sufficient funding; and generation of operating cash flow sufficient to provide financial viability. Thornmark and the Thornmark Investment Funds (the “Funds”) disclaim any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
6. Unit Prices and Related Information
The price of the units of the Funds and related documents and information displayed on or available through this Site is delayed and provided for informational purposes only. It is not intended for, and should not be relied upon for, any trading, business, financial or other purposes. Unit price and related documents and information may not be timely, accurate, complete, sequential, accessible, or uninterrupted. Thornmark, the Funds, and their respective service providers, are not liable or responsible in any way for any delays, inaccuracies, or errors in any unit price or related information, or for any damages, losses or costs arising from, connected with, or relating to reliance on any unit price or related documents and information.
7. User Communications
Subject to any applicable law, any communications sent by or to you via this Site or otherwise to Thornmark are on a non-confidential basis, and Thornmark is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. Thornmark 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.
Thornmark makes reasonable efforts to ensure that the Content is accurate at the time it is posted on the Site, however, Thornmark makes no representation or warranty of any kind regarding the Site or the Content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the Content.
Thornmark makes no representation or warranty that Content at this Site 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 Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that the Site (including without limitation the Content) is provided on an AS IS basis; and that any use of or reliance on the Site shall be at your sole risk.
THORNMARK AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, 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 NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, THORNMARK DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
9. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL THORNMARK OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE 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 SITE, 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 THORNMARK OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
10. Choice of law
This Site is administered within the Province of Ontario, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site 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.
The Terms and Conditions constitute the entire agreement between Thornmark and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Thornmark or its affiliates and you with respect to this subject matter. 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. Thornmarks 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.