|
Please read these terms and conditions carefully. They contain disclaimers
of warranties, representations, conditions, guarantees and endorsements;
exclusions and limitations of liability; waivers of rights and acceptance
of risks in relation to access to and use of this Site and the information,
products or services it contains or offers. By accessing this Site, you
acknowledge these terms and conditions and agree without limitation or
qualification to be bound by them and by applicable laws. If you do not
agree to these terms and conditions, do not access this Site or any pages thereof.
1. Definitions
"Greybrook" means Greybrook Capital.
"Site" means Greybrook's Web site
"Information" means the information, materials, and content provided in the pages of the Site.
"Personal Information" means any information about an identifiable individual within the
meaning of section 3 of the Privacy Act. Personal Information includes, without
limitation, information relating to identity (including the name or other identifier
assigned by BDC to an individual), nationality, age, gender, address, passwords,
telephone number, e-mail addresses, marital status, education, employment and health
history, assets, liabilities, payment records, income and information relating to
financial transactions as well as certain personal opinions or views of an individual.
"User" means any person having access to or using a Site.
2. Ownership and monitoring
The Site is owned by Greybrook Capital. Greybrook may monitor access to,
use of, and other activities relating to the Site, and may intervene in relation
thereto but does not make any representation or warranty that it will do so.
Users hereby consent to any such monitoring and intervention.
3. Use of site
Users agree not to introduce into or through this Site any information or
material which may be harmful to others. Among other things, Users agree
not to include, knowingly or otherwise, any error or defect in information
which may, among other things, constitute libel, slander, or defamation,
or give rise to a criminal offence or civil liability on the part of any
person or entity. Users warrant that information or material which they
provide to Greybrook electronically through their access to or use of this
Site does not infringe the rights of any person or entity. Without limiting
the generality of the foregoing, Users shall not:
a. interfere with or disrupt this Site or computer networks connected thereto;
b. impersonate any other person or entity, or make any misrepresentation;
c. upload, post, transmit, publish, or distribute any material or
information for which they do not have all necessary rights;
d. upload, post, transmit, publish or distribute any material or information
which contains a computer virus or other code, files or programs intended
in any manner to disrupt or interfere with the functioning of this Site;
e. use this Site in such a manner as to gain unauthorized entry or access
to the computer systems or networks of others or attempt to gain unauthorized
entry or access to any password-protected or restricted areas of this Site
or Greybrook's computer or network systems;
f. reproduce, copy, modify, sell, distribute or otherwise exploit for
any commercial purposes any Information, product, solution or service
offered within this Site;
g. violate any law or regulation, any generally accepted Internet
practice, or interfere with any other User's ability to use this
Site and any of the services, solutions or products provided on this Site; or
h. forge, alter, or modify in any way any of the agreements, policies,
reports, or other Information posted or accessible within this Site.
At Greybrook's sole discretion, Greybrook may terminate or refuse to
permit the use of any services and of this Site by any person or
entity, for any reason and without notice.
4. Use of information
The content of Greybrook's Site is provided for information purposes
only, unless otherwise indicated, and is not intended to provide specific
financial, investment, tax, legal, or accounting advice to Users, and
should not be relied upon for that purpose. Users should not act or rely
on the Information without seeking the advice of a professional.
5. Availability of products, solutions and services
Products, solutions and services of Greybrook are only offered in
jurisdictions where they may be lawfully offered. All products,
solutions and services of Greybrook are subject to the terms and
conditions of the applicable agreements governing their use and
these terms and conditions are to be read together with the Terms
and Conditions of the Site.
The Information on this Site does not constitute an offer or solicitation
by anyone in any jurisdiction in which an offer or solicitation cannot
legally be made, or to any person to whom it is unlawful to make an offer
or solicitation. For Information specific to any specific provincial
jurisdiction, Users should contact their advisor.
If Users choose to access the Site from outside Canada, they do so
on their own initiative and are responsible for compliance with
applicable local, national, or international laws. Users must be
aware of the laws of their country or that otherwise apply to them
in relation to any of the matters described in these pages. Users may
not use, export, or re-export the Information or any copy or adaptation
in violation of any applicable laws or regulations, including export laws
and regulations of Canada in force from time to time.
6. Privacy and confidentiality
Greybrook is committed to take all reasonable measures to protect the
privacy of Users with respect to the Personal Information they provide
and will give effect to the principles, terms, and conditions contained
in its online privacy policy in accordance with applicable privacy legislation,
including the requirements, procedures, exclusions, and exceptions provided therein.
Despite its best efforts and the measures taken by Greybrook to ensure
the protection of Personal Information, the risk that the confidentiality
or privacy of such information is violated, lost, or otherwise breached
cannot be excluded. It is therefore understood and agreed that access to
or use of the Site is at the User's own risk, which he hereby accepts, and
entails waiver of any rights or remedies against Greybrook for any prejudice
whatsoever arising out of or in connection with the exchange, collection, use,
disclosure, retention, or disposal of Personal Information. Greybrook is not
responsible for and shall not be liable to the User or other persons for any
claims, losses, costs, expenses, or damages whatsoever arising out of or in
connection with the exchange, collection, use, disclosure, retention, or
disposal of Personal Information, except in cases where such prejudice results
directly and entirely from the negligence of Greybrook in the performance of its
legal obligations under the Privacy Act.
Subject to applicable privacy legislation in Canada, it is understood that, by
accessing or using the Site, filing an application or asking about or for Greybrook's
products, solutions or services identified in the Site, Users agree and consent to
the collection, use, disclosure, retention, and disposal of the Personal Information
required by Greybrook for the purposes identified in its Online Privacy Policy or
for a use consistent with those purposes.
7. Internet e-mail
Any unencrypted e-mail communication over the Internet is, as with communication
via any other medium, such as cellular phones, not secure or confidential,
and is subject to possible interception, loss or alteration. Greybrook
does not encourage anyone to send information, including Personal or Loan
Information, to it using unencrypted e-mail. Alternative, secure means of
communicating with BDC over the Internet are available. Greybrook is not
responsible for and shall not be liable to Users or any other person for any
damages in connection with an e-mail sent to Greybrook, or by Greybrook at User's request.
8. Links and downloading of software
Links from or to other Web sites or Internet resources outside the Site are meant for
convenience only and are at Users' own risks. The content, third parties named
therein or their products and services, opinions expressed and other links provided
by these sites' resources are not reviewed, investigated, verified, monitored or
endorsed by Greybrook. Greybrook makes no representations whatsoever about any
other Web sites which Users may access through the Site, and BDC shall not be
responsible or liable for any damages in connection with linking.
While every effort is made by Greybrook to ensure that all software provided
at this Site is suitable for use on a wide variety of computer systems,
Users should take reasonable and appropriate precautions to scan for
computer viruses, and ensure compatibility of the software with their
specific computer system. Users must also ensure that they have up-to-date
backup copies of the entire contents of their hard disk before installing
software downloaded from this Site.
Links to downloadable software sites are for convenience only and Greybrook
is not responsible or liable for any difficulties or consequences associated
with downloading the software. Use of any downloaded software is governed by
the terms of the license agreement, if any, which accompanies or is provided
with the software. If Users choose to access a software program through one of
the links offered on Site, they are responsible for taking the necessary precautions
to detect possible viruses and ensuring that the software is compatible with their computer.
9. Intellectual property and trade-marks
Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in
the pages of the Site are trade names or trade-marks owned by Greybrook, or trade names or
trade-marks licensed to them. The display of trade-marks and trade names on pages in the
Site does not imply that a licence of any kind has been granted to anyone else.
The Information is for Users' personal use only. Any unauthorized downloading, re-transmission
or other copying or modification of trade-marks and/or the contents of the Site may be a
violation of federal or other law or common law rights that may apply to trade-marks and/or
copyrights and could expose the copier to legal action. The Information is protected under
the copyright laws of Canada and other countries. Unless otherwise specified, no one has
permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit,
modify or make public or commercial use of the Information in any form.
10. Disclaimer of warranties, representations, conditions and endorsements
Greybrook does not give, make or set any warranties, representations, conditions,
guarantees or endorsements, whether expressed or implied by law, statute, trade
usage or otherwise, with respect to the functionality or conditions of this Site
or the Information contained therein, including, without limitation, warranties
as to merchantability, operation, non-infringement, title, usefulness, completeness,
accuracy, adequacy, currency, reliability or fitness for a particular purpose. Without
limiting the generality of the foregoing, Greybrook does not give, make or set any
express or implied warranties, representations, conditions, guarantees or endorsements
to the effect that the Information, accessed from or through this Site will be uninterrupted
or free of errors, omissions, defects, viruses or other harmful components, or that any such
problems which are discovered will be corrected.
11. Exclusion of liabilities
Greybrook, its agents, employees, directors, officers and affiliated companies and any person
associated with the creation of this Site or its contents are not responsible for and shall
not be liable to Users or other persons for any claims, losses, costs, expenses or damages
whatsoever, including direct, indirect, incidental, special, consequential, reliance,
exemplary or punitive damages arising out of or in connection with this Site, the
Information contained therein, or the access to or use thereof. Without limitation and
notwithstanding anything to the contrary, Greybrook shall not be responsible for and shall
not be liable to Users or to any other persons for any claims, losses, costs, expenses or
damages arising out of or in connection with:
a.failure of performance, delays, interruptions, communication line or systems failures including
communication malfunctions, that affect the transmission, accuracy or timeliness of information,
material, messages, or instructions between Users and Greybrook and/or which prevent
information, material, messages or instructions from being transmitted in whole or in
part or agreements from being formed between Users and Greybrook;
b.users' inability to access, at any time, any part of this Site or any Information, products, solutions or services provided on it;
c.any harm or loss to Users' personal computer records or data, howsoever caused, including by viruses,
"worms", "trojan horses" or other similar intrusive, disruptive or destructive programs or files;
d.interception, loss or disclosure of confidential or sensitive information transmitted over the
Internet, including Personal Information;
e.lack of suitability, reliability, timeliness or availability of this Site or any Information,
products, solutions or services offered on this Site;
f.Greybrook's failure to take corrective measures.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or
damages are founded in contract (including fundamental breach), tort or any other theory of
liability and such limitations and exclusions shall apply even if Greybrook has been advised
of the possibility of such claims, losses, costs or damages. Because some jurisdictions do
not allow the exclusion or limitation of moral, bodily, incidental or consequential damages,
Greybrook's liability in such jurisdictions shall be limited to the extent permitted by law.
12. Indemnification
Users agree to indemnify and hold Greybrook and its officers, directors, agents, and
employees harmless from any claim or demand, cause of action, liabilities and costs
including reasonable lawyer's fees made by any third party due to or arising out of:
a.Users' use of this Site and the Information, services, solutions and products provided on this Site;
b.Users' violation of the Terms and Conditions or any other terms and conditions under any other agreement
applicable to any Information, service or product provided on this Site;
c.any Users' misrepresentations, or
d.Users' violation of any rights of another.
Greybrook reserves the exclusive right, at Users' expense, to conduct the defence and assume control of any
matter, subject to indemnification by Users, in which event the User shall cooperate with Greybrook in
asserting any and all available defences.
13. Governing law and competent jurisdiction
The Site and the Terms and Conditions shall be governed by and construed in accordance with the
laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving
effect to any principles of conflict of laws. All disputes, controversies or claims arising out of
or in connection with the Site, including the Terms and Conditions contained therein, shall be
submitted to and be subject to the jurisdiction of the courts of the Province of Ontario.
By accessing and using this Site, Users 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 Site, including the Terms and Conditions contained therein.
Specific contracts for Greybrook's products, solutions or services entered into via the Site shall
be governed by, construed and subject to the laws and jurisdiction of the province expressly
provided for in such contract and where none is specified, the laws and jurisction of the
Province of Ontario shall be deemed to apply.
14. Final provisions
a.Change to terms:
Greybrook may modify, alter or otherwise update the Terms and Conditions applicable to this
Site from time to time, without notice, by updating this posting. Users agree to review the
Terms and Conditions regularly and to be bound by their continued access and use by such
Terms and Conditions as are in effect at the time when they access Greybrook's Site.
b.Change to Information:
The Information contained in this Site may be changed at any time without notice.
c.Reservation of Rights:
All rights not expressly granted in these Terms and Conditions are reserved to Greybrook.
Nothing contained in these Terms and Conditions shall be construed as conferring by
implication, estoppel or otherwise any licence or right under any copyright, patent,
trade-mark or other intellectual right of Greybrook or any other person or entity.
d.Survival:
These Terms and Conditions apply while Users are accessing the Site and remain in effect
thereafter. In the event that this Site is no longer accessible to Users, the
provisions set out in Articles 6 and 9 to 14 inclusively of these Terms and Conditions shall survive thereafter.
|
