Terms and Conditions Information on this website is provided as a general introduction to Thornmark, to the types of investments products we offer and to the services we provide.
These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with this website (the “Website”) operated by Thornmark Asset Management Inc. (“Thornmark”, “us“, “we“, or “our“).
These Terms apply to all visitors, users, and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you do not agree to these Terms, do not access or otherwise make use of this Website.
Please read these Terms and Conditions carefully before using our Website.
Content
Our Website hosts information about Thornmark, the products and services it offers, generalized investment information and performance data and otherwise makes available certain information, text, graphics, videos and other material generally that may be in relation to one or more of our investment portfolios, funds or other products (“Content“).
No advice: This Website is not intended to provide investment, financial, legal, insurance, accounting and/or tax advice, and shall not be relied upon by you in that regard. Use of any Content for investment purposes and a decision to invest in any of our investment portfolios, funds or other products should only be made after specific consultation with one of Thornmark’s registered representatives or another registered representative. By using this Website, you acknowledge that no posted Content is intended to be construed as personal investing advice and that you are responsible for ensuring that you are appropriately informed about any securities, taxation or other legislation or law that could affect your investment decisions or that you obtain professional advice to that end.
Website for information only: This website is offered for information purposes only and the content on this Website is under continuous development. Any information on this Website or any document made available through this Website does not constitute an offer to sell, or a solicitation of an offer to buy, securities of any of our funds or to invest in any of our investment portfolios or other products, nor is it intended that any information posted on the Website be considered a prospectus or modify, qualify, supplement or amend information disclosed under, or prepared in accordance with securities legislation.
Persons who represent that they are “accredited investors”, as such term is defined under Canadian securities laws, may, and are permitted to gain access to the offering memoranda or other offering documents of our products through this Website. However, such documents are accessible for informational purposes only and are not to be construed as a prospectus, advertisement or a public offering of any securities referred to therein, nor are they to be construed as providing investment advice or any other kind of advice on financial, legal, accounting or tax matters. A subscription for securities or an investment in any of our investment portfolios, funds or other products may only be made via completion by all parties of a subscription agreement or other applicable written documentation.
Past performance: You acknowledge that past performance is not an indicator of future returns and that references to performance on this Website are provided as historical benchmarks only.
Jurisdiction: Thornmark’s products and services are available only in jurisdictions where they may be lawfully offered for sale, and not all Thornmark products and services are available in all geographic regions. This Website may be accessed from countries other than Canada, and may contain references to offering memoranda or similar documents which have not been registered in your country. These references do not imply that Thornmark intends to offer securities in any such jurisdiction. Any such offering may only be made in accordance with applicable law.
Forward looking information: This website may contain certain information that is forward-looking and is subject to important risks and uncertainties. The words “anticipate”, “expect”, “believe”, “may”, “should”, “estimate”, “project”, “outlook”, “forecast” or other similar words are used to identify such forward-looking information. Forward-looking statements in this website are intended to provide security holders and potential investors with information regarding Thornmark and the Thornmark funds. All forward-looking statements reflect Thornmark’s beliefs and assumptions based on information available at the time the statements were made. Actual results or events may differ from those predicted in these forward-looking statements. By its nature, forward looking information is subject to various risks and uncertainties, which could cause actual results and experience to differ materially from the anticipated results or expectations expressed. Readers are cautioned to not place undue reliance on this forward looking information, which is given as of the date it is expressed in this website or otherwise, and to not use future-oriented information for anything other than its intended purpose. Thornmark undertakes no obligation to update publicly or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.
User Content: In the event that you post any information or content to the Website (“User Content”), you agree and acknowledge that you are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting User Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. You agree that this license includes the right for us to make your User Content available to other users of the Website, who may also use your User Content subject to these Terms. You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute User Content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability, to the extent allowable under applicable securities laws, relating to any content.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content or User Content posted on the Website infringes copyright or otherwise constitutes intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been used on the Website in a manner that constitutes copyright infringement, please submit a related notice (and include in your notice a detailed description of the alleged infringement) in writing to the attention of:
Thornmark Asset Management Inc.
Phone: 416.204.6200
Email: info@thornmark.com
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content or User Content is infringing your copyright.
Intellectual Property
The Website and all Content other than User Content, including but not limited to names, logos, text, images, graphics or code are our property, or the property of others that we are permitted to use, and are protected by copyright, trademarks and other intellectual property rights. Text, images, logos and pictures bearing the name or words “Thornmark Asset Management” or “Thornmark Asset Management Inc.” are trademarks of Thornmark and are protected by trademark and copyright laws. Any use or reproduction of content on this Website not specifically authorized in writing by one of our representatives is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any of our trademarks or the trademarks of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.
External Links
The Website may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Thornmark does not recommend or endorse any of the content of, including without limitation any hyper-links or content found on, other websites. The mention of another party or its products or service on this website should not be construed as an endorsement of that party or its products or services unless specifically stated.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
You agree to indemnify, defend and hold harmless Thornmark, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands from any content that you have posted through the Website and from your use of the Website.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Website; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Website.
Limitation of Liability
Thornmark, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your inability to access or use the Website; (ii) any conduct of any third-party on or related to the Website; and (iii) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge and confirm that the internet is not a secure medium and that while measures are taken to protect privacy, privacy cannot be guaranteed and complete security and confidentiality over the internet is not guaranteed. Thornmark shall not be responsible or liable for any harm that you may suffer in connection with any such breach of privacy, confidentiality or security.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the use of our Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.
Contact Us
If you have any questions about these Terms, please contact us at:
Thornmark Asset Management Inc.
Phone: 416.204.6200
Email: info@thornmark.com