This User Agreement governs the following websites owned by Fundata:
(collectively, the “Website”).
Fundata may change the terms and conditions of this User Agreement at any time without
notice to you and you are responsible for periodically reviewing the most current
version on the Website. By continuing to use this Website, you are deemed to be
agreeing to be bound by the then current terms and conditions.
Please carefully read the following terms and conditions of this agreement (the
“User Agreement”) before accessing this website or any of the websites listed below
as these terms and conditions govern your use of this website and its content. If
you agree with the terms and conditions, click “I AGREE” at the end of this document.
By clicking “I AGREE” at the end of this document, you are (i) representing that
you have read and understand the terms and conditions of this User Agreement, (ii)
representing that you have the capacity and authority to enter into this User Agreement,
(iii) intending the terms and conditions of this User Agreement to be the legal
equivalent of a signed, written contract, and (iv) accepting the terms and conditions
of this User Agreement and agree to be legally bound by them. If these terms and
conditions are not acceptable to you, Fundata Canada Inc. (“Fundata”) cannot grant
you the right to access the Websites.
Use of this Website
This User Agreement is effective from the time that you first access the Website.
Fundata grants to you a personal, non-exclusive, non-transferable licence to display
on your computer, download, print and use the Content (as defined below) for your
own or your individual investor client’s informational purposes and not for any
commercial purpose. You agree that you will not change or delete any copyright or
other proprietary notices from material that you download or print from this Website.
Except as expressly set forth in this User Agreement, you may not use, modify, copy,
creative derivate works of, display, reproduce, sell, distribute, publish, mirror,
data mine or otherwise use any information or material obtained from or through
this Website, without Fundata's prior written consent. You may not post any Content
from this Website to forums, newsgroups, mailing lists, electronic bulletin boards,
or other websites, without the prior written consent of Fundata. You agree not to
use this Website for any purpose that is unlawful or prohibited by this User Agreement,
including but not limited to attempting or actually (i) disrupting, impairing or
interfering with this Website, (ii) collecting any information about other users
of this Website, including passwords, accounts or other information, or (iii) systematically
extracting data contained on this Website to populate databases for internal or
external business use.
Fundata reserves the right to seek all remedies available at law and in equity in
the event of any breach by use of this User Agreement. Notwithstanding the generality
of the foregoing, Fundata has the right to: (i) restrict or prevent your access
to this Website or the Content (or any portion thereof) at any time without notice
for any reason; or (ii) change or discontinue providing this Website or the Content
(or any portion thereof) at any time without notice. Fundata has no obligation to
update this Website or to correct any errors or omissions in this Website or the
In the event that you register for a username on this Website, you agree that you
are solely responsible for maintaining the confidentiality and security of that
username and your password, and you are responsible for all acts and/or omissions
that occur under the authority of your username. If you have reason to believe that
there is any unauthorized use of your username or any other breach of security related
to the site, you are required to immediately notify Fundata.
Ownership and Copyright
You acknowledge and agree that all portions of this Website, including all content,
information, materials, tools, ratings, site design, text, graphics, HTML and other
code or software, and the selection and arrangement of all such material (collectively
“Content”), is owned by Fundata or its content providers and is protected by Canadian
and international copyright and other intellectual property laws. You further acknowledge
and agree that this Website contains data and information of a proprietary nature.
You agree not to use this Website (including all or any part of the Content) for
any purpose other than as set forth in this User Agreement.
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks
displayed on the Website or in the Content may constitute trade-marks or trade names
of Fundata, its content providers, licensors or other third parties. Nothing in
this User Agreement or on the Website shall be construed as granting to you a licence
to use any such trade-marks or trade names. All trade-marks or trade names not owned
by Fundata are the property of their respective owners.
Information On This Website Is Not Advice
Information provided on this Website is to be used for information purposes only
and is not intended to provide financial, tax, accounting, legal or investment advice.
You should not rely on any tools, ratings or other information on this Website or
act on it in any way. If you need information about a specific financial, tax, accounting,
legal or investment issue, you should consult an appropriately-qualified professional
adviser. The views, opinions and advice of any third party provided on the Website
reflect those of the individual authors are not endorsed by us. Fundata does not
make any recommendations regarding the advisability of investing in any particular
security or securities generally. You agree that any tools, ratings or other information
made available on this Website are not a substitute for the exercise of independent
judgement and expertise. The tools, ratings and other information contained in this
Website do not take into account your personal objectives, situation or needs. Any
rating contained in this Website should be weighed as only one factor in determining
whether to purchase, hold or sell a security.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND “WHERE IS” BASIS. FUNDATA DISCLAIMS ALL
WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OWNERSHIP, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, COMPLETENESS,
TIMELINESS, CURRENCY AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER FUNDATA NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF THIS WEBSITE OR ANY OF THE CONTENT.
NEITHER FUNDATA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS,
DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE OR ITS CONTENT. PAST
PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE
Some jurisdictions do not allow the exclusion or limitation of implied warranties,
so the above exclusions or limitations may not apply.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FUNDATA OR ITS CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY
LOSS OR DAMAGES OF ANY KIND ARISING FROM, RELATING TO, OR IN CONNECTION WITH, THIS
USER AGREEMENT OR THE USE OF, OR RELIANCE ON, THIS WEBSITE OR THE CONTENT, INCLUDING
BUT NOT LIMITED TO CLAIMS BASED ON THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL
ACTS OR OMISSIONS, FAULT OR MISCONDUCT OF FUNDATA, ITS CONTENT PROVIDERS OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS.
UNDER NO CIRCUMSTANCES SHALL FUNDATA, ITS AFFILIATES, ITS CONTENT PROVIDERS, OR
ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AGENTS SHALL
BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNTIVE, OR CONSEQUENTIAL DAMAGES FOR LOSS
OF PROFITS, FOR LOSS OF REVENUE, FOR LOSS OF BUSINESS OPPORTUNITY OR FOR FAILURE
TO REALIZE EXPECTED SAVINGS ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN
CONTRACT OR TORT, EVEN IF FUNDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY PROVISIONS OF THIS USER AGREEMENT, IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF FUNDATA, ITS AFFILIATES, ITS CONTENT PROVIDERS AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS ARISING FROM OR RELATING TO
OR IN CONNECTION WITH THIS USER AGREEMENT, THIS WEBSITE, OR THE USE OF, OR RELIANCE
ON, THIS WEBSITE OR THE CONTENT, REGARDLESS OF THE BASIS OF THE CLAIM, EXCEED THE
LESSER OF THE FEES PAID TO FUNDATA FOR THE USE OF THIS WEBSITE DURING THE SIX MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RIST TO THE CLAIM OR CDN$500.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local,
state, national, and international laws and regulations. While Fundata has used
reasonable measures to create a secure and reliable website, the confidentiality
and security of any communication or material transmitted to/from this Website over
the Internet cannot be guaranteed. Accordingly, Fundata and its suppliers are not
responsible for the security of any information transmitted via the Internet, the
accuracy of the information contained on the Website, or for the consequences of
any reliance on such information. Fundata and its suppliers shall have no liability
for interruptions or omissions in Internet, network or hosting services. You use,
and rely on, this Website and its Content solely at your own risk.
You agree to indemnify, defend, and hold harmless Fundata, its content providers
and their respective affiliates, directors, officers, employees, licensors, and
agents from and against any and all claims, liabilities, losses, costs, or damages
of any kind (including but not limited to attorneys' fees) arising from third party
claims based on or related to: (i) your use of, and reliance on, this Website and
its Content; and (ii) your breach of this User Agreement.
Third-party Websites, Links and Information
Fundata accepts advertising from third parties and receives a fee to advertise such
third parties’ products and/or services on this Website. No endorsement by Fundata
is intended or should be implied by the presence of such advertising on a Website.
This Website may contain hypertext links to the websites of third parties for convenience
only to enable users to find related information and services. The provision of
such hypertext links is not an express or implied endorsement of any linked website
or an affiliation with its owner or operator. Fundata does not review, or control,
the information in any linked website or the products or services described in those
linked websites. Fundata cannot, and does not, warrant the quality, accuracy, reliability,
completeness, currency, timeliness, non-infringement, merchantability or fitness
for a particular purpose of any information or data on, or products or services
available through, these linked websites. Fundata disclaims any responsibility for
any opinions expressed on, or content posted on or available through, such linked
Access to this Website may be provided by a hypertext link located at another website.
Fundata does not review, or control, any websites owned by third parties and does
not endorse the products or services described in those referring websites. Fundata
cannot, and does not, warrant the quality, accuracy, reliability, completeness,
currency, timeliness, non-infringement, merchantability or fitness for a particular
purpose of any information or data on, or products or services available through,
these referring websites. Fundata disclaims any responsibility for any opinions
expressed on, or content posted on or available through, such referring websites.
Fundata cannot and does not guarantee or warrant that this Website or the Content
are compatible with your computer or systems or that this Website or the Content
will be free of viruses, disabling devices or other code that manifests contaminating
or destructive properties. You are responsible for implementing safeguards to protect
the security and integrity of your computer or systems. You are responsible for
the costs of any service, repairs or connections which may be necessary to your
computer or systems as a result of your use of this Website or the Content.
In certain circumstances, Fundata will collect, use or disclose your personal information
in the course of operating the Website and providing you with information and services
that you have requested. By agreeing to this User Agreement and, where applicable,
by selecting the appropriate boxes as indicated on the online registration form,
you confirm that you understand and agree to the terms and conditions outlined in
to the collection, use and disclosure of your personal information as outlined in
Governing Law, Jurisdiction and Dispute Resolution
This User Agreement shall be governed by and construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable therein, without giving
effect to any choice-of-law or conflict-of-law provision or rule that would cause
the application of the laws of any jurisdiction other than Ontario. You agree that
any dispute, controversy or claim arising out of or relating to this User Agreement,
including its existence, validity and termination, shall be referred to and finally
determined by binding arbitration. The arbitration shall be conducted in English
in Toronto, Ontario, under the Arbitration Act, 1991 (Ontario) and pursuant to the
National Arbitration Rules of the ADR Institute of Canada. You agree not to assert
any claim against Fundata or its content providers or any of their respective affiliates,
directors, officers, employees, licensors or agents arising out of or relating to
this User Agreement as a class, collective or representative action.
The parties have requested that these terms and conditions and all communications
and documents relating hereto be expressed in the English language. Les parties
ont exigé que cette entente ainsi que tous documents s'y rattachant soient rediges
dans la langue anglaise.
THIS WEBSITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY
IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY
TO LOCAL LAW OR REGULATION. BY OFFERING THIS WEBSITE AND THE CONTENT, NO DISTRIBUTION
OR SOLICITATION IS MADE BY FUNDATA TO ANY PERSON TO USE THIS WEBSITE OR THE CONTENT
IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE OR THE CONTENT IS PROHIBITED
shall constitute the entire agreement between you and Fundata regarding the subject
matter hereof, and shall supersede any and all prior negotiations, representations,
warranties, undertakings, or agreements, written or oral, between the parties regarding
such subject matter.
To the maximum extent possible, each provision in this User Agreement shall be interpreted
in such manner as to be valid and enforceable. If any provision of this User Agreement
is held to be invalid or unenforceable, such provision shall be modified so as to
be rendered valid and enforceable while implementing, to the maximum extent possible,
the original intent of such provision. If such modification is not possible or allowed,
then such provision shall be ineffective only to the extent of such unenforceability
or invalidity without affecting the remainder of such provision or any other provisions
in this User Agreement.
Failure to insist on strict performance of any of the terms and conditions of this
User Agreement will not operate as a waiver of any subsequent default or failure
of performance. No waiver of any of the provisions of this User Agreement shall
be deemed to constitute a waiver of any other provision (whether or not similar),
nor shall any waiver constitute a continuing waiver, unless expressly provided.
The Website and the information contained herein are not intended to, and do not,
constitute an offer or a solicitation of an offer for the purchase or sale of any