Last Updated March 12, 2010
IMPORTANT !! These web site terms and conditions of use (the “Agreement”) is a legal agreement between the visitor (“you”) to this web site located at www.bellvest.ca (“Web Site”) and Bellwether Investment Management concerning your access to and use of the Web Site.
BY USING THIS WEB SITE OR ACCESSING ANY OF THE SITE CONTENT YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF AND AGREEMENT TO THIS AGREEMENT AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM WITHOUT LIMITATION OR QUALIFICATION.
In consideration of the provision of the Web Site, Site Content and the mutual covenants contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree with Bellwether Investment Management as follows:
This Web Site contains information about Bellwether Investment Management and its products and services, including the pooled funds managed by Bellwether Investment Management as well as additional related information and resources concerning financial investing (collectively “Site Content”) and is provided by Bellwether Investment Management solely for your informational purposes in order to learn more about Bellwether Investment Management and its products and services as well as general principles and information concerning financial investing that are not necessarily specific to Bellwether Investment Management.
The Site Content and other aspects concerning the Web Site is subject to change without notice and is subject to the limitations and disclaimers set out below or otherwise on the Web Site.
The Internet is not a secured medium; the security or confidentiality of electronic mail and information sent through the Internet is not guaranteed. Bellwether Investment Management cannot assure privacy in communicating over the Internet. You send and request any information or data (including any personal information) at your own risk.
There are risks to investing in most investments including the Bellwether Investment Management Funds. The indicated rates of return are the historical annual rates of return and reflect changes in unit value, reinvestment of all distributions and the operating expenses of the fund but do not take into account sales charges or administrative fees or income taxes payable by any securityholder that would have reduced returns. Past performance does not guarantee future results. Your fund unit value and portfolio investment return are not guaranteed, and their values fluctuate.
Units of Bellwether Investment Management Funds will be offered on a private placement basis (i.e. pursuant to exemptions from prospectus and registration requirements under applicable securities legislation) only to these persons where and to whom they may be lawfully sold and only by persons lawfully permitted to sell such units. This communication is not, and under no circumstances is to be construed as, a public offering to sell, or a solicitation of an offer to buy securities. For greater certainty, the information on the Web Site or in any communication containing a link to this Web Site is not intended to constitute investment advice or an offer to sell, or the solicitation or recommendation of an offer to purchase units or other securities. It 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 law or regulation, or which would subject Bellwether Investment Management to any registration requirement within such jurisdiction or country. An eligible investor should refer to the confidential offering memorandum, or other offering document, as the case may be, for a Bellwether Investment Management Fund before deciding to purchase units of such fund. An eligible investor may obtain a copy of the offering document by calling Bellwether Investment Management at (905) 337-2227 ext. 202.
The information on this Web Site is subject to change without notice. Although every effort has been made to ensure that the material contained herein is accurate, Bellwether Investment Management does not guarantee its accuracy or completeness. Accordingly, Bellwether Investment Management will not be held liable for any inaccuracies in the information provided. It is neither intended to provide a complete diversified investment program nor specific individual advice including, but not limited to, investment, financial, legal, accounting, or tax advice. Please contact your own personal advisor on your particular circumstances.
The information on this Website is intended for Canadian residents only. This communication does not constitute an offer or solicitation by anyone in the United States or any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should consult their advisor to determine if the Bellwether Investment Management Funds may be lawfully sold in their jurisdiction.
Copyright & Trade-marks
All Site Content on the Web Site is protected by copyright. Bellwether Investment Management hereby grants you a personal, non-transferable and non-exclusive right to access, read and download the Site Content, which shall be used by you solely and exclusively for your personal and private use. You may print any downloadable material contained on the Web Site provided that the following three conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Site Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Bellwether Investment Management. If you require further clarification on your use of any Site Content please contact Bellwether Investment Management via email as specified in the “contact us” page of the Web Site. Save and except for the limited rights explicitly granted by this Agreement, all right, title and interest (including all intellectual property and other proprietary rights and interests) in and to the Web Site and the Site Content and all technology, software, content, information, data, documentation and materials forming part of or contained on or available through or from the Web Site is the sole and exclusive property of Bellwether Investment Management or its licensors. You agree that you acquire absolutely no rights or licenses to the Web Site or Site Content other than the limited right to access and use Web Site and Site Content in accordance with the terms of this Agreement. Bellwether Investment Management reserves the right to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the Web Site or Site Content. Bellwether Investment Management also reserves the right to change, modify, suspend, or discontinue the Web Site or any Site Content at any time without notice and may suspend or limit or terminate your access to the Web Site immediately (and remove and discard any information or content related to you) without prior notice at its sole discretion and for any reason and without any obligation or liability to you.
All brand, product, portfolio and company names and logos and trade-marks displayed on the Web Site or used in connection with the Site Content are the trade-marks of Bellwether Investment Management or other applicable third parties. Any use of any of the names or marks appearing on the Web Site or in connection with the Site Content without the express written consent of Bellwether Investment Management or the owner of the mark, as applicable, is strictly prohibited.
Conformance with Law
In addition to complying with the terms of this Agreement, you agree to use the Web Site and Site Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of the Web Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you.
The Web Site, the Site Content, and other information, data and materials available on or through the Web Site are provided on an “as is” and “as available” basis without any representations or warranties or conditions of any kind or nature whatsoever. Any actions taken, or failures to act, in reliance on the Site Content by you or any other person is your sole responsibility and liability. To the fullest extent permitted by applicable law, Bellwether Investment Management expressly disclaims all warranties, conditions and representations concerning the Web Site and Site Content, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties’ rights, and any condition or warranty of fitness for particular purpose.
Any views expressed herein are those of the author(s), are based on available information, and are subject to change without notice. Individual portfolio management teams may hold different views and may make different investment decisions for different clients.
Bellwether Investment Management specifically makes no representations or warranties that the Site Content (including the provision of any data (including third party data), reports, content, articles, information, products or services) will be accurate, reliable, error-free or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any Site Content, data or reports or the results derived therefrom will meet your requirements or expectations or that the Web Site and its server(s) are free of computer viruses and other harmful elements. Bellwether Investment Management is not responsible for errors or delays in, or any other problems or issues related to, transmission over the Internet.
if you are dissatisfied with the Web Site, the Site Content or with any of the terms, conditions, guidelines, practices or policies of Bellwether Investment Management in operating the Web Site and in providing the Site Content, you agree that your sole and exclusive remedy shall be to discontinue using the Web Site and Site Content.
Products and Services
Your eligibility for particular products or services is subject to determination by and the approval of Bellwether Investment Management. No solicitation is made by Bellwether Investment Management to any person to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products and services is prohibited by law.
Limitation of Liability
In no event shall Bellwether Investment Management or any of its officers, directors, employees, shareholders, partners, agents or licensors (the “Bellwether Investment Management Parties”) be liable to you for any damages, losses or liabilities of any kind or nature whatsoever, including without limitation, any direct, indirect, special, incidental or consequential damages, that are suffered in any connection with your access and use of or inability to access or use the Web Site and/or Site Content and/or your reliance on any Site Content, and including without limitation, any error, omission, inaccuracy or defect in any Site Content or any error, interruption, defect, delay in operation or transmission, computer virus or line / Internet or system failure relating to the Web Site (regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of essential purpose), even if Bellwether Investment Management is advised of the possibility of such damages or such damages are foreseeable.
The entire risk as to the use of the Web Site and Site Contents is assumed by you. You agree that in view of the circumstances of this Agreement and the fact that you are accessing the Web Site and Site Content free of charge, the limitations upon TWA’s liability under this Agreement are in all respects fair and reasonable, and that TWA would not have offered the Web Site or Site Content but for your Agreement with the provisions of this section.
You agree to defend, indemnify, and hold harmless the Bellwether Investment Management Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal fees, alleging or resulting, directly or indirectly, from or in any connection with your: (a) breach of this Agreement; (b) access to the Web Site or use of the Web Site Content; and (c) uploading to or other provision of or disclosure to Bellwether Investment Management of any of your content and/or any other information, idea, suggestion or data and the use of same by Bellwether Investment Management or other Bellwether Investment Management Parties as contemplated hereunder.
Third Party Links and Resources
Bellwether Investment Management may from time to time include links on this Web Site to other web sites, including those operated by parties other than Bellwether Investment Management. Any such links and resources and content is provided solely for your convenience and information. Bellwether Investment Management is not responsible for the availability of any third-party web sites and does not endorse or guarantee or accept any responsibility for any content, information or data provided by third parties on any such web sites. Bellwether Investment Management has no responsibility for, or control over, the practices of the operators of third party web sites concerning collection or use of any personal information. You agree that all risk associated with your use of any information, data or materials provided or made available on any third party web sites rests solely with you.
No Framing, etc.
Any copying, republication or redistribution of any part of the Web Site or Site Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Bellwether Investment Management.
Damages and Viruses
Bellwether Investment Management cannot and does not guarantee or warrant that the Web Site or any Site Content is compatible with your systems or 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 systems.
Uploading Information to Web Site
You agree that when submitting your content you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; (c) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law.
If you submit any ideas or suggestions regarding improvements or additions to the Web Site or Site Content any submission will be subject to this Agreement. Under no circumstances will any disclosure of any idea or suggestion or related material to be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that is free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by Bellwether Investment Management, without obtaining any further permission or license from you or any third party.
You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Web Site or for any other purpose in connection with your access to and use of the Web Site. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Web Site or to shut down, overload or overwhelm the Web Site.
The parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.
Governing Law and Jurisdictional Matters
The Web Site is administered by Bellwether Investment Management from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Web Site and all of the communications, transmissions and transactions associated with the Web Site and the provision of the Site Content shall be deemed to have occurred in the Province of Ontario, Canada, and this Agreement, your use of the Web Site, and all related matters shall be exclusively governed construed and interpreted in accordance with the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention of the International Sale of Goods shall not apply to this Agreement. You and Bellwether Investment Management irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
Severability / Electronic Documents
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Other General Matters
The provisions of this Agreement will ensure to the benefit of and be binding upon Bellwether Investment Management its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Bellwether Investment Management which may be withheld in Bellwether Investment Management’s sole discretion. Bellwether Investment Management may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you.
No delay or omission by Bellwether Investment Management to exercise any right or power it has under this Agreement or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
You and Bellwether Investment Management are independent parties and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site or Site Content. Any rights not expressly granted by this Agreement are reserved by Bellwether Investment Management.
This Agreement may be updated from time to time by Bellwether Investment Management in its discretion without notice and you are strongly advised and are responsible to review this Agreement each time you visit the Web Site to ensure that the terms of this Agreement at the time of each visit are acceptable to you. [This Agreement will indicate when the terms of the Agreement were last updated.] If you do not agree with any of the terms of this Agreement, as may be amended, you may not use the Web Site or any Site Content.
The Agreement constitutes the entire agreement between the parties as it relates to the access to and use of the Web Site and Site Content and the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, understandings, representations, discussions and proposals, written or oral, between Bellwether Investment Management and you. The Agreement may only be amended or supplemented by a subsequent agreement agreed to be each of the parties.