A. Use of Our Website, Social Media & Associated Content
1. Metaform Investments Inc. (the "Company") provides a company Website and provides or may provide, from time to time, a Twitter account, a LinkedIn account and other online content or social media account(s) (the "Sites"), in each case for informational purposes only. BY ACCESSING ANY OF THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS SET OUT HEREIN (THE "TERMS")., UNDERSTAND THEM AND AGREE TO ALL OF THE TERMS HEREIN.
2. By accessing any of the Sites you agree to review the Terms regularly. Your continued access or use of the Sites will constitute your acknowledgment of any modified terms and conditions and your agreement to abide and be bound by any changes to the Information or the Sites.
B. Use of Information Provided via the Sites & Confidentiality
1. Information provided on the Sites (the "Information"), including hyperlinks or references to other sites, is believed to be reliable and accurate at the time it is posted. However, the Company does not guarantee that the Information is accurate, complete or current at all times. Such Information is provided on an "as is" and "as available" basis and the Company does not guarantee that access to the Sites will be uninterrupted, timely, secure or error free. The Information may contain technical inaccuracies or typographical errors and may be modified at any time without notice. The Company does not make any express or implied warranties, representations, endorsements or conditions with respect to the Sites or the Information, including without limitation, warranties of merchantability, operation, usefulness, completeness, reliability or fitness for a particular purpose or that no viruses or other contaminating properties will be transmitted to your computer system. It is your sole responsibility to take precautions to ensure that your computer is adequately protected from computer viruses or other destructive properties. You are responsible for evaluating the adequacy, accuracy, reliability, completeness and relevance of any Information.
3. The Company cannot ensure the privacy and confidentiality of any communications over the Internet. As a result, the Company advises you to not transmit any confidential or sensitive information to the Company over the Internet. The Company is not responsible for any damages that may arise if you choose to transmit confidential or sensitive information via the Sites and including hyperlinks or references to other sites.
4. The Information is not intended to constitute financial, investment, accounting, legal or tax advice and should not be relied upon in that regard. As expressed above, the contents of the Sites are for informational purposes only and you should consult with an independent professional prior to acting on any Information.
5. In no event will the Company be responsible or liable to you or any other party for any direct, indirect, special, incidental or consequential damages, or any other damages arising out of or relating to the use of, misuse of or inability to use the Sites or the Information contained therein (or a website linked to the Sites). Without limiting the foregoing, the Company will not be responsible or liable for any loss of revenue, profit or prospective economic advantage resulting from the use of, misuse of or inability to use the Site or the Information contained therein (or a website linked to the Sites), even if advised of the possibility of such damages or such damages are reasonably foreseeable.
C. Information Does Not Constitute Advice or Solicitation
1. Neither the Sites nor the Information constitute an offer or solicitation by the Company to buy or sell any products or services of any kind whatsoever including, without limitation, securities or any other financial instrument of any issuer.
2. No endorsement or approval of any third parties or their advice, opinions, information, products or services, either by way of a link to other Web sites or otherwise, is expressed or implied by any Information.
3. References to specific securities and their issuers are not intended and should not be interpreted as recommendations to purchase, sell or hold such securities. The Company’s products and strategies may or may not include the securities referenced, and if such securities are included, no representation is being made that they will continue to be included.
D. Caution as to the Use of Historical and Hypothetical Performance Data
1. The performance of any products, investments or the like listed on the Sites may be based on historical and/or hypothetical performance results. No representation is being made that any investment made with the Company will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between historical and/or hypothetical performance results and the actual results subsequently achieved by any particular investment vehicle. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual investing. For example, the ability to withstand losses or to adhere to a particular investment program in spite of losses are material points which can also adversely affect actual results. There are numerous other factors related to the markets in general or to the implementation of any specific investment which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. It should also be understood that hypothetical or actual performance results may be posted on the website or given to third parties by other methods. Such results have inherent limitations in that they have been prepared with the use of past performance information which is no guarantee of future results. Performance can and does vary between individuals.
E. Data Collection, Privacy, Use of Information and Intellectual Property
1. By using the Sites you agree and acknowledged that the Company may collect certain information about you on the Sites including but not limited to as your name, address, phone number, fax number, e-mail address or payment information. We may collect this information when you subscribe to, or sign your company up for, certain services, tools or features that we provide, when you register for programs that we offer, when you fill out forms made available through the Sites, when you e-mail us with general inquiries or with your comments or suggestions, or otherwise in connection with your use of the Sites. We will limit the personal information we collect to what we need for the purposes for which it was collected, and will use such personal information for such purposes. We may also use personal information we collect to provide you with information on products, services and events that we or third parties offer that we believe may be of interest to you. If we wish to use your personal information for any other purpose, we will obtain your consent before using the information.
2. The Sites may use “cookies”, a technology that installs information on a website visitor’s computer to permit the website to recognize future visits using that computer. The cookies used by the Sites do not contain any personal information regarding Sites’ visitors, and do not retrieve any information from visitors’ personal computers (other than your IP address and other similar information retrieved or retained in order to facilitate your use of the Sites). Cookies are used only to enhance the visitor’s experience on the Sites, and to collect anonymous traffic data to enable us to provide a better web experience for the viewing public in general. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Sites and your ability to access certain features of the Sites.
3. Due to the nature of Internet communications and evolving technologies, the Company cannot provide assurance that the personal information we collect will remain free from loss, interception, misuse or alteration by third parties and the Company shall have no liability for any loss, interception, misuse or alteration.
4. All product and service marks are the trademarks of their respective owners. All of the Company's trademarks used on the Sites are used under license. You may display, download or print the Information for your own personal and non-commercial purposes provided that all copyright and other proprietary notices contained on the Information are not modified or removed.
F. Registration & Jurisdiction
1. The Company is incorporated under the laws of the Province of Ontario and is a registered Portfolio Manager under the applicable securities laws of the Province of Ontario.
2. Any action arising out of these Terms or the Sites shall be subject to the jurisdiction of the Province of Ontario.
G. Caution as to the Use of Third Party Information
1. The Sites may be used as a forum where third parties may comment, post questions or the like. While the Company may monitor third-party postings we may or may not review them before they are displayed. A third-party post is the view and responsibility of the poster, not the Company. We cannot guarantee the appropriateness, accuracy or usefulness of a third-party posting or of any third-party link. It is unlawful to post unauthorized or copyrighted materials.
2. Any hyperlinks or referenced websites on the Sites are for your convenience only. These hyperlinks may connect or lead you to third parties’ websites. Any descriptions of, references to, or links to other products, publications or services does not constitute an endorsement, authorization, sponsorship by or affiliation with the Company with respect to any linked site or its sponsor, unless expressly stated by the Company. Any such information, products or sites have not necessarily been reviewed by the Company and are provided or maintained by third parties over whom the Company exercises no control. The Company expressly disclaims any responsibility for the content, the accuracy of any information, or the quality of any products or services provided by or advertised on these third-party sites. The Company reserves the right to terminate any hyperlink at any time.
3. You should use reasonable caution in evaluating information on or available through the Sites. We reserve the right to remove any post at any time for any reason where the Sites’ technology permits. If we do not remove a post that does not mean the Company endorses its content or view. We also reserve the right to alter, edit or adapt a third-party post. All posts to the Sites become the unrestricted property of the Company.
H. Important Notice for Non-canadian Persons and Investors
1. The information contained in the Sites is directed only at, and any securities and financial services being offered are available only to, persons resident in Canada and such other jurisdictions where they may be legally offered. The Company may provide investment advisory services on a discretionary basis to non-Canadian persons and Investors (including U.S. Persons) where permitted by law.
2. The Sites and any Information therefrom should not be considered and is not an offer to sell or a solicitation to buy any of Metaform Investment funds to any person residing in the United States of America or any other jurisdiction in which such an offer or solicitation is unlawful.
3. Nothing contained within the Sites shall constitute an offer or solicitation to anyone in the United States of America or any jurisdiction where such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.
4. If you choose to access the Sites from outside of Canada, you acknowledge that the Information is intended for use by persons resident in Canada only. Any products or services referred to on the Sites are provided in accordance with applicable Canadian law. Your use of the Information shall occur on your own initiative and you are responsible for compliance with applicable local, national or international laws.
I. Lawful Use of the Sites & Contact Information
1. You represent and warrant to the Company that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms, including but not limited to attempting or actually (i) disrupting, impairing or otherwise interfering with the operation or integrity of the Sites or the Company or circumventing any of the Sites’ security systems; (ii) collecting information about other users of the Sites; or (iii) systematically extracting Information contained in the Sites to populate databases or other sites.
2. It is a violation of these Terms to pretend to be somebody else by using a false name or otherwise impersonating someone else.
J. Forward Looking Statements
The Sites may contain forward-looking statements (within the meaning of applicable securities laws) relating to the Company's business and the environment in which it operates. Forward-looking statements are identified by words such as "believe", "anticipate", "expect", "intend", "plan", "will", "may" and other similar expressions. These statements are based on the Company's expectations, estimates, forecasts and projections. They are not guarantees of future performance and involve risks and uncertainties that are difficult to control or predict. There can be no assurance that forward-looking statements will prove to be accurate as actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, a forward-looking statement speaks only as of the date on which such statement is made. The Company undertakes no obligation to publicly update any such statement or to reflect new information or the occurrence of future events or circumstances.