Terms of Use

The following Website terms of use (the “Terms”) govern the relationship between you and TAHO Capital Management, Inc. (“TAHO”) and its affiliates and related entities (“we”, “our” or “us”) and governs your use of our website and its content (collectively, the “Website”).
By accessing the Website, you acknowledge these Terms and agree to be bound by them. If you do not agree to these Terms, you are not permitted to access the Website and must not access the Website. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and you agree to review the Terms regularly, and your continued access or use of the Website will mean that you agree to any changes.
We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. We may terminate the authorization, rights and licence given in these Terms and, upon such termination, you shall immediately destroy all information and materials obtained by you from the Website.

A. Use of Website

We are not responsible in any manner for any damages, losses or expenses (including direct, indirect, special, consequential, incidental or punitive damages), however caused, arising directly or indirectly out of your use of this Website and/or any web browser or your inability to use this Website, or any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet, even if we or our representatives are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, you agree to indemnify us against any and all liability resulting from any claims arising in relation to your use of this Website.
Websites accessed by hyperlink appearing from this Website are for convenience only and are to be used at your own risk. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website. We do not review or control, and are not responsible for, any websites linked from or linking to the Website, the content of those websites, the privacy practices or security standards of those websites, the third parties named therein, or their products or services.
We may collect, use, and disclose your personal information in accordance with the Privacy Policy. By accepting this Agreement, and each time you use the Website, you consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

B. Disclaimer


The Website is provided on an “as is” basis and we do not make any express or implied representations, warranties, endorsements or conditions with respect to the Website or any of its contents, including without limitation, any warranties or conditions as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Any implied warranties, statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law. In accessing this Website you have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

C. Information

The statements contained herein are based on material believed to be reliable and are provided for informational purposes only. They do not provide financial, legal, accounting, tax, investment or other advice, and should not be acted or relied upon in that regard without seeking the advice of a professional. Graphs are used for illustrative purposes only. We cannot guarantee the information is accurate, complete or current at all times. Particular investment or trading strategies should be evaluated relative to each investor’s objectives, risk tolerance and particular circumstances. We are not liable for any errors or omissions in the information or for any loss or damage suffered. The information on the Website does not constitute the official version of our disclosure documents and may not always be the most current. We endeavor to keep information current, but certain information may be subject to change.

Products and services of TAHO and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement. The information contained in this Website is subject to change without notice and does not constitute an offer or solicitation by anyone in any 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 and others who are not resident in Canada should consult with their financial advisor and legal counsel to determine if such products and services may lawfully be sold to them in their jurisdiction.

Commissions, trailing commissions, management fees and expenses all may be associated with funds administered by TAHO (the “TAHO Funds”). Please read the offering memorandum, which contains detailed investment information, before investing. The indicated rates of return are the historical total returns for the period indicated including changes in unit value and reinvestment of distributions. The indicated rates of return do not take into account income taxes payable by any unitholder that would have reduced returns. The TAHO Funds are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer and are not guaranteed or insured. Their values change frequently. There can be no assurances that a fund will be able to maintain its net asset value per unit at a constant amount or that the full amount of your investment will be returned to you. Past performance may not be repeated. The strategies and current holdings of the TAHO Funds are subject to change. Graphs are only used to illustrate the effects of the compound growth rate and do not reflect future values of any fund or returns on investment of any fund.

D. Trade-marks and Copyrights

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, registered or unregistered trade-marks or service marks (“Trade-marks”) of TAHO or other third parties.

Copyright © 2015. TAHO Capital Management, Inc.  All information in this Website is protected under the copyright laws of Canada and/or other countries. Users of this Website shall be entitled to a single copy of any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading” or “mirroring”, without the prior written consent of TAHO. Except as provided above, no one has permission to copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, republish, use to create derivative work or otherwise use for public or commercial purposes in any form, any information found on this Website.

Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Website may be a violation of statutory or common law rights which could subject the violator to legal action.

E. Non-Canadian Investors

The information contained in the Website 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 information contained herein does not constitute an offer or solicitation to anyone in the United States or in 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 contact TAHO or their financial advisor to determine whether securities of the TAHO Funds referred to on the Website may be lawfully sold in their jurisdiction.

If you choose to access the Website from outside of Canada, you acknowledge that the information contained in the Website is intended for use by persons resident in Canada only. Any products or services referred to on the Website are provided in accordance with local law. Your use of the information on the Website shall occur on your own initiative and you are responsible for compliance with applicable local, national or international laws.

F.  Quebec Investors

This information is not intended to be construed as an offer to sell or a solicitation to buy any securities in Quebec.

G. Forward Looking Statements

The Website may contain forward-looking statements (within the meaning of applicable securities laws) relating to TAHO’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 TAHO’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. TAHO undertakes no obligation to publicly update any such statement or to reflect new information or the occurrence of future events or circumstances.

H. General

The Website is administered by TAHO from its offices in Canada. Except where prohibited by the laws of your jurisdiction, the Website will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Website or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Website or the Terms.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

This Agreement is not transferable by you in any way and may not be assigned to any third party without our prior written consent.

Subject to the Terms above, no provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.


 

 



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