WEBSITE TERMS & CONDITIONS
1. Solicitation. Nothing on the site shall be construed as an offer to sell or a solicitation of an offer to buy any securities. Cormark Securities Inc. (“CSI”) or affiliated companies or persons may participate in an underwriting of, have a position in, or make a market in, the securities mentioned herein, including options, futures or other derivative instruments thereon, and may, as principal or agent, buy and sell such products. Cormark Securities (USA) Limited (“CUSA”), an affiliate of CSI, accepts responsibility for the contents of the information contained in the Site subject to the foregoing. U.S. persons wishing to effect transactions in any security referred to herein should do so through CUSA only for those jurisdictions for which CUSA has a valid registration. CSI will provide upon request a statement of its financial condition and a list of the names of its partners and senior officers. Every province in Canada, state in the U.S., and most countries throughout the world have their own laws regulating the types of securities or other investment products which may be offered to their residents, as well as the process for doing so. CSI and CUSA (collectively “Cormark”) will only transact in jurisdictions where it is permissible to do so and, as a result, some of the securities discussed on this website may not be available to every interested investor.
2. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Cormark.
3. No Warranty or Representation. While Cormark uses reasonable efforts to include accurate and up-to-date information on the Cormark website (the "Site"), your use and browsing of the Site is completely at your own risk. Nothing in the Site shall add to or change any contract or relationship you may have with Cormark. Neither Cormark nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including business interruption, loss of use, data, information, profits (regardless of the form of action including, but not limited to, contract, negligence or other tortious acts) arising out of or in connection with your access or use of the Site, even if Cormark has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "as is" without representation, warranty or condition of any kind, either express, implied or statutory including, but not limited to, implied representations, conditions of sale, suitability, title, or non-infringement of intellectual property rights. Changes or updates to the content of this Site may occur without notice.
4. Linkage. The sites linked to this Site are not under the control of Cormark and Cormark is not responsible for, and makes no representations, warranties or conditions concerning the contents of, any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Cormark provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Cormark of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these websites, which you should locate and carefully review.
5. Monitoring. Cormark is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without Cormark 's consent.
6. Revisions. Cormark may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.
7. Copyright. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of Cormark, except for non-commercial use, provided that you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the content.
8. Trademarks. The trademarks, logos, service marks and other names, logos and icons identifying products and services (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Cormark and others.
9. Consent. You hereby authorize Cormark to collect and retain all relevant information relating to your use of the Site. You further authorize any third party to provide Cormark with such information.
10. Electronic Terms and Signatures. You agree that electronic pages, such as Cormark website pages, accessed by Electronic Identification [your Cormark provided login, if applicable] are written documents. You understand and agree that it is your responsibility to access and review documents upon receipt of an email notice. All terms in the documents are binding just as if they were delivered in paper form. Although the documents may be available online for a period of time, you understand that they are delivered in a manner to allow you immediate access to download and print. You understand that you should download and print the documents so that you may access or maintain them in your personal records or in the event they are temporarily or otherwise unavailable online. Terms you agree to electronically, including using an Electronic Signature, are binding and have the same legal effect as if they were written down on paper. You will not dispute any agreement, or other terms, with us on the basis that it was delivered, received or entered into electronically, including using an Electronic Signature. Electronic Signature means any electronic information unique to you, which you create or adopt to show your acceptance. Examples of an Electronic Signature include an electronic representation of your handwritten signature, or clicking on an ‘Continue’, ‘Proceed’, ‘Sign Here’ and ‘Finish’button, combined with relevant data such as date, time and user ID.
11. Damage. Cormark assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text or images from the Site.
12. Right of Indemnification. You agree to defend, indemnify and hold Cormark, its suppliers, employees, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
13. Waiver. Cormark's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.
14. Governing Laws. These Terms and Conditions shall be governed by the laws of the province of Ontario and the federal laws of Canada, applicable therein, and you agree to be bound by the laws of these jurisdictions.