Terms of Use
By accessing this website (the “Site”), you agree to be bound by and hereby consent to the following terms and conditions (the “Terms of Use”), which shall constitute a legal agreement between you and Waterton Global Resource Management, Inc. (together with its affiliated and associated entities, partners, principals, directors, officers and employees, “Waterton”). If you do not accept these Terms of Use, you may not use the Site. Waterton reserves the right, in its sole and absolute discretion, to amend, modify and/or supplement the Terms of Use at any time, with or without notice.
No Offers or Advice
The Site is provided for informational purposes only. Under no circumstances should anything published or linked to the Site be deemed to be or be used or construed as an offer to sell or a solicitation of an offer to buy any securities, financial instruments, investments or other services.
Nothing published or linked to the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice to any individual or entity viewing the Site. Waterton shall not treat visitors to the Site as its partners, clients, customers or investors by sole virtue of their accessing the public portions of the Site.
Ownership
All content and information displayed on the Site (including, but not limited to, descriptions, articles, biographies, graphics, logos, third-party articles and materials, the “Content”) is protected by copyright law and other intellectual property rights and laws. All trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property (such as graphics, logos, icons, designs, words, titles or phrases) displayed on the Site are the property of Waterton or their respective owners.
By using the Site, you agree that Waterton may at any time make changes to the Content without prior notice.
Permitted Use
By using the Site, you are hereby granted a limited, revocable, nonexclusive and non-transferable right to view, store, bookmark, copy and print individual pages from the Site for personal, educational and non-commercial purposes only; provided that, such copied and printed pages must not be altered in any manner whatsoever.
Prohibited Use
By using the Site, you agree that you shall obtain Waterton’s written consent prior to: (a) using Content for commercial purposes; (b) copying large portions of the Site through any means; (c) forwarding Content as mass distribution; or (d) posting Content on any other website.
You hereby agree that in using the Site you shall not and shall not encourage others to: (a) remove or obscure any copyright, trademark or other notice displayed on any Content you download from the Site; (b) violate any law, rule, regulation, policy, or intellectual property, contractual or other right of any third party or attempt to gain access to the identities, information or computers of others through the Site; or (c) transmit any virus, worm, time bomb or similar system that interferes, corrupts or otherwise disrupts the Site, regardless of whether such interference, corruption or disturbance is intended to violate the security of the Site or to gain access to the identities, information or computers of others through the Site.
Waterton may, without prior notice, monitor the Site for any unauthorized or questionable conduct and may take all responsive actions it deems necessary and/or appropriate.
Linking
If you link any other website to the Site, you must not imply or suggest that Waterton has endorsed or is in any way affiliated or associated with such other website.
Waterton does not have control over or endorse, review, monitor or update any websites linked from or to the Site and is not responsible for and shall have no liability or obligation in respect of the graphics, logos, articles, materials or other content published on any such websites. You hereby agree that you follow links from or to such websites at your sole risk and that: (a) Waterton makes no representations or warranties regarding, and cannot be held responsible for, the information, materials, products or services obtained on or from such other websites; and (b) Waterton shall not be liable for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply or suggest that Waterton has endorsed or is in any way affiliated or associated with such other websites.
You may not display the Site, or any portion thereof, on any other website through the use of framing or by other means.
User-Provided Content
Any communication or other material that you provide to Waterton via electronic means (such as e-mail or by posting or submitting to the Site) shall be and shall be deemed to be non-confidential. By providing any communication or other material, you acknowledge and agree that: (a) Waterton shall have no obligation of any kind to you with respect to such material; and (b) Waterton shall be free to use, for any purpose and without compensation to you, any comments, ideas, suggestions, concepts, know-how or other techniques provided by you to Waterton.
Password and Security Notification
Certain areas of the Site may be password protected and may only be accessible to those who have been validly granted a Waterton-issued password (a “Password”). You may not attempt to access any Password-protected area of the Site without a Password or Waterton’s prior written consent. In the event you have been granted a Password, you acknowledge and agree that Waterton has granted you limited access to specific files pertaining to investments relevant to you and you agree not to attempt to access other computer files. The contents of any Password-protected area of the Site are subject to the confidentiality provisions of certain fund documents. Individuals and/or entities that have access to a password-protected area are responsible for maintaining the confidentiality of any account information, user names and/or security questions and answers that they may use to access any page or feature on such password-protected area and for logging off any protected areas of the Site. If Waterton has granted you a Password, you are solely responsible for protecting the confidentiality of your password and must notify Waterton immediately if you become aware of any disclosure, loss, theft or other unauthorized use of your Password.
Those individuals and/or entities that have a Password must not disclose their Password to any third party. If Password information is shared with a third party in violation of these Terms of Use, Waterton assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. Waterton shall not be responsible for any loss that may arise from such use or action or from the failure to comply with these Terms of Use.
International Use
The Content and other materials accessible on or through the Site are not intended to be used by any person or entity in any jurisdiction where such use: (a) would be contrary to applicable law, rule or regulation; or (b) would subject Waterton to any registration or other requirement within such jurisdiction.
Unless otherwise set forth in these Terms of Use, Waterton makes no warranty that the Content or other materials accessible on or through the Site are appropriate or available, in whole or in part, for use in all jurisdictions or by all users. According, Waterton reserves the right to limit access to the Site to any person or entity and to any jurisdiction or country.
Those persons and/or entities that choose to access this site from locations outside of Canada do so on their own initiative and bear all risks of noncompliance with applicable laws, rules and regulations.
Limitations of Liability
Waterton is not responsible for any claims, liabilities, losses, costs or damages whatsoever (including but not limited to direct, indirect, incidental, punitive, loss of profits, opportunities or information, business interruption, special or consequential damages) that result from your access to or use of (or inability to use) or distribution (whether intentional or inadvertent) of the Site or any of the Content, including but not limited to any damages or injury caused by any: (a) failure of or delay in the functionality of the Site; (b) computer virus or other malicious software affecting the Site; or (c) other malfunction relating to the Site. The foregoing limitation of liability shall apply even if Waterton has been made aware of the possibility for such claims, damages or losses.
Disclaimer and Indemnity
By using the Site, you acknowledge that Waterton provides the Content on an “as is” basis with no express or implied representations or warranties of any kind whatsoever, including warranties as to the merchantability, non-infringement of intellectual property, accuracy, reliability, completeness or availability of the Content or fitness of the Content for any particular purpose. You further acknowledge that your use of the Site and use or reliance upon the Content is solely at your own risk.
The investments and strategies discussed in the Content or on the Site (if any) in general may not be suitable for all investors and are subject to investment risks including, but not limited to, the loss of the entire principal amount invested. Nothing on the Site shall constitute investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based solely on the Content or other information or materials contained on the Site are your sole responsibility. Nothing on the Site shall obligate Waterton to accept an investment from you or any other third party.
As consideration for your accessing the Site, you agree to indemnify and hold harmless Waterton from and against any claims, damages, losses, liabilities, expenses (including legal costs) and causes of action, including but not limited to actions by third parties against you or Waterton, arising out of or in connection with any decisions that you make based on the Content, your use of the Site and/or your violation of these Terms of Use.
Privacy
Waterton may track certain Site usage statistics such as the number of visitors that visit the Site and the frequency with which they visit (the “Statistical Data”). Waterton shall use the Statistical Data on an aggregate basis only and shall not intentionally disclose any information that could be used to identify individual visitors to any third parties. Waterton may also record certain information regarding its visitors’ internet usage such as the websites that visitors access immediately before and after they visit the Site, the internet browsers they use and their individual IP addresses.
Waterton does not collect personally identifiable information (the “Personal Data”) except when such Personal Data is provided to Waterton on a voluntary basis (e.g. uploading your resume or questions to the Site). Waterton may record and use the Personal Data submitted to it, in whole or in part, for reasonable business purposes. By accessing and/or using the Site, you acknowledge that Waterton will have no obligation of any kind with respect to the Personal Data, that you consent to the Personal Data being transferred or transmitted within Waterton and that Waterton uses external service providers to operate the Site (which external service providers may have access to the Personal Data, but only for the purpose of performing their duties to Waterton).
Forward Looking Statements
From time to time, the Site may contain forward-looking statements that reflect Waterton’s current views with respect to, among other things, the operations and performance of the funds it advises. All statements other than statements of historical fact are forward-looking statements. Forward-looking statements may be identified by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are based on various estimates and assumptions that while considered reasonable by Waterton, are inherently subject to risks, uncertainties and contingencies. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. You are cautioned that forward-looking statements are not guarantees of future performance.
Waterton disclaims any intention and undertakes no obligation to publicly update or review any forward-looking statement whether as a result of new information, future developments or otherwise.
Governing Law
You agree that all matters relating to your access to or use of the Site, these Terms of Use and any disputes relating to the foregoing shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. By using the Site, you irrevocably: (a) submit to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Ontario in respect of any actions or proceedings (“Proceedings”) relating in any way to the Content, the Site and these Terms of Use (and agree not to commence any Proceeding relating thereto except in such courts); and (b) waive any objection to the venue of any Proceeding relating to the Content, the Site and these Terms of Use in the courts of competent jurisdiction in the Province of Ontario, including the objection that any such Proceeding has been brought in an inconvenient forum.
Severability and Waiver
If any provision of these Terms of Use (or part thereof) shall be held to be invalid or unenforceable: (a) the remainder of these Terms of Use shall not be affected thereby, and each other provision hereof shall be valid and enforceable to the fullest extent permitted by law; (b) the offending provision (or part thereof) shall be reformed to be valid and enforceable to the fullest extent permitted by law; and (c) the application of such provision (or part thereof) to other individuals or entities or circumstances or in other jurisdictions shall not be affected thereby.
Neither the failure nor delay on the part of Waterton to exercise any right, remedy, power or privilege under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or any other right, remedy, power or privilege. No waiver shall be effective unless it is in writing and signed by Waterton.
Conflicts
Should any provision (or part thereof) of these Terms of Use conflict with the terms and conditions of any binding document by and between Waterton and you (or your organization) (each, a “Conflicting Provision”), the terms and conditions of such document shall supersede the Conflicting Provision(s).
Contact Information
Waterton Global Resource Management, Inc.
Commerce Court West
199 Bay Street, Suite 5050
Toronto, Ontario, M5L 1E2
Canada