Acceptance of the Website Terms and Conditions of Use
Please read the following terms and conditions of use (the “Terms and Conditions“) carefully before using this site. The Terms and Conditions for www.cansofunds.com (the “Website“) constitute a legal agreement and are entered into by and between you and Canso Investment Counsel Ltd. and their subsidiaries, affiliates and related entities (collectively, “Canso“). These Terms and Conditions exempt Canso and other persons from liability or limits their liability, and contains other important provisions that you should read. The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference, govern your access to and use of, including any content, functionality, and services offered on or through the Website.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH CANSO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
Who We Are and How to Contact Us
We operate the Website www.cansofunds.com.
If you would like to contact us for any reason, including because you have any complaints, please contact us by email at firstname.lastname@example.org or by telephone at 905-881-8853.
If we have to contact you, we will do so by phone, email, or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
Your use of our Website is subject to our Website Terms and Conditions, as set out herein. Please take the time to read our Website and Terms and Conditions.
No Offer to Sell and Not Solicitation of an Offer to Purchase Any Security; No Reliance
The content on our Website is provided for general information purposes only. It is: (i) not an offer to sell, (ii) not a solicitation of an offer to purchase any security, and (iii) not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.
Any commentaries and information contained on the Website should not be considered personal investment advice. Information on the site is not intended to provide legal, accounting, financial, or tax advice, and should not be relied upon in that regard. Please consult with your professional advisor with respect to your particular circumstances.
All information herein with respect to any investment fund is qualified in its entirety by the more detailed information contained in each fund’s offering documents. Each potential investor should read the offering documents in their entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision.
The information and materials on Canso’s website should not be considered a recommendation to buy, sell or short a particular security. Any specific securities discussed are intended as an illustration of a portfolio manager’s security selection process. The funds may sell these securities at any time, or purchase securities that have previously been sold. The securities or short positions may increase or decrease in value after the date hereof, and the funds may accordingly gain or lose money on the investment in the securities. The statements by Canso as a portfolio manager in our commentaries are intended to illustrate our approach in managing the funds and should not be relied upon for any other purpose.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and Canso has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Canso, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Canso. Canso is not responsible, or liable to you or any third-party, for the content or accuracy of any third-party materials.
Canso Pooled Funds
Canso is the portfolio manager and exempt market dealer of the Canso pooled funds. Canso Fund Management Ltd. (“CFM”), a wholly-owned subsidiary of Canso, is the investment fund manager of the Canso pooled funds – otherwise known herein as the Offering Memorandum Funds.
Purchases in the Offering Memorandum Funds can only be made through an investment professional on the terms in a fund’s offering memorandum or other offering document (if any) by qualified investors. For example, only accredited investors may invest in funds sold via an offering memorandum. Each purchaser of units in a fund may have statutory or contractual rights of action. The information in these documents is subject to change without notice.
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the applicable offering memorandum before investing.
Unless otherwise specified, the indicated rates of return are historical annual compounded total returns including changes in unit value and reinvestment of all distributions and do not take into account sales, redemption, distribution or optional charges or income taxes payable by any securityholder that would have reduced returns. Mutual fund securities are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. Investment funds are not guaranteed; their values change frequently, and past performance may not be repeated.
Canso’s Website may contain forward-looking statements. Statements concerning a fund’s objectives, goals, strategies, intentions, plans, beliefs, expectations and estimates, and the business, operations, financial performance and condition of the fund are forward-looking statements. The words “believe”, “expect”, “anticipate”, “estimate”, “intend”, “aims”, “may”, “will”, “would” and similar expressions and the negative of such expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. These forward-looking statements are subject to important risks and uncertainties that could cause actual results to differ materially from current expectations. While Canso considers these risks and uncertainties to be reasonable based on information currently available, they may prove to be incorrect. The content on Canso’s Website is subject to change without notice. Information given on a particular date may no longer be current when Canso’s Website is accessed on a later date.
Modifications to the Terms and Conditions and the Website
Canso reserves the right in our sole discretion to revise and update these Terms and Conditions from time to time, including the material and/or the products, site-related services, and resources described therein and reserves the right to make such changes without any obligation to notify past, current, or prospective users and visitors of this site. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications. Your continued use shall be your acceptance of these Terms and Conditions.
The Website, and the information and material on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period. We may change, suspend, or end any service, or change and modify prices prospectively at our discretion, subject to applicable laws and regulations. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law. We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
Use of the Website and Account Set-Up and Security
Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
The Website includes content that may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you or provided to you as part of our security procedures must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time, and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards (“Content Standards“) apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “Submit“) to the Website, to other users, or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
- Access without authority, interfere with, damage, or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third-party.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Content Standards set out in these Terms and Conditions.
- Impersonate or attempt to impersonate Canso, a Canso employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Promote any illegal activity, fraud, or advocate, promote, or assist any unlawful or fraudulent act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Communications and Submissions: Grant of License
The Website may contain Interactive Functions allowing User Submissions on or through the Website. However, please be aware that any User Submissions and/or information, including, but not limited to, comments, suggestions, feedback data or the like regarding the site, the material or Canso and its products and services (“Information“) shall be deemed to be non-confidential and Canso shall have no obligation of any kind with respect to such Information. In addition, Canso shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation and to authorize others to do the same. Such Information shall remain the property of Canso and Canso shall be free to use any ideas, concepts, submissions, know-how or techniques contained in such Information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such Information without compensation to the provider of such Information. You agree not to assert any ownership right of any kind in any Information provided to Canso (including, but not limited to, copyright, trademark, unfair competition, moral rights, or implied contract) and to waive the right to receive any financial or other consideration in connection with such Information including, but not limited to, your acknowledgement.
Without limiting the generality of the foregoing, by providing any Information to us, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the Information, you declare and warrant that you own or have the necessary rights to submit the Information and have the right to grant the license hereof to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns to the Information and comply with these Terms and Conditions. You represent and warrant that all Information comply with applicable laws and the Information and Content Standards set out in these Terms and Conditions.
You understand and agree that you, not Canso, are fully responsible for any Information you submit or contribute, and you are fully responsible and legally liable including to any third-party for such content and its accuracy. We are not responsible or legally liable to any third-party for the content or accuracy of any Information submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension and Termination
Canso has the right, without provision of notice to:
- Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website and User Submissions and Content Standards or Terms and Conditions.
- Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We may initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS CANSO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY CANSO AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER CANSO OR SUCH PARTIES OR BY LAW ENFORCEMENT.
We have no obligation nor any responsibility to any party to monitor the Website or the use of the Website, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.
Unless otherwise specified, the currency used throughout the Website is in Canadian dollars.
Third-Party Websites and Links to this Site
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any Terms and Conditions of such third-party sites.
Links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit, on your own or using certain third-party websites, certain limited content from the Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third-party sites are subject to any additional Terms and Conditions we provide with respect to such features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the conditions of use and User Submissions and Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Canso does not review the sites that link to this site and is not responsible for any of those sites or the contents or materials of those sites that link to this site. Your linking to any other sites or pages is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third-party content including, without limitation, non-infringement of third-party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
Canso and Canso employees’ social media accounts may follow other users, share or provide hyperlinks to third-party content and “like/favourite” third-party content in accordance with Canso’s internal Social Media Guidelines. Doing so is intended to provide additional perspective and should not be considered as an endorsement for any individuals, services, products, guidance or points of view. Comments and opinions posted by users are the responsibility of the person who posts them. Canso does not endorse or guarantee the accuracy of the content posted by others. Any opinions expressed by our followers are those of the persons submitting the comments and do not necessarily represent the views of Canso.
Canso reserves the right to block any follower who posts content that is deemed inappropriate or offensive or that constitutes a testimonial, advice, recommendation or advertisement for securities, products or services or that is promotional in nature. Canso also reserves the right to block followers whose social media pages contain offensive or inappropriate content or serve as promotional sites.
Trademarks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs on the pages of Canso’s Website may constitute trade names, registered or unregistered trademarks or service marks of Canso Investment Counsel Ltd., Canso Fund Management Ltd. or other third parties.
Information included in Canso emails are intended for the use of the individual(s) or entities named and should be treated as privileged, confidential, private and exempt from disclosure under any applicable law. If the reader is not the intended recipient, any dissemination, distribution, copying or use of any kind of this communication is strictly prohibited. If you have received an email from Canso in error, please notify the sender immediately and destroy all copies of the email.
Benchmarks and Other Sources of Data
Certain information presented by Canso is obtained from sources other than Canso. Canso endeavours to use reasonable efforts to identify the source of such information. Set out below are the terms and conditions in connection with Canso’s use of information from the respective sources.
Source: London Stock Exchange Group plc and its group undertakings (collectively, the “LSE Group”). © LSE Group 2023. FTSE Russell is a trading name of certain of the LSE Group companies. “FTSE ®” is a trademark of the relevant LSE Group companies and is used by any other LSE Group company under license. All rights in the FTSE Russell indexes or data vest in the relevant LSE Group company which owns the index or the data. Neither LSE Group nor its licensors accept any liability for any errors or omissions in the indexes or data and no party may rely on any indexes or data contained in this communication. No further distribution of data from the LSE Group is permitted without the relevant LSE Group company’s express written consent. The LSE Group does not promote, sponsor or endorse the content of this communication.”
ICE BOFAML Disclaimer:
Any unauthorized use or disclosure is prohibited. Nothing herein should in any way be deemed to alter the legal rights and obligations contained in agreements between any ICE Data Services entity (“ICE”) and their clients relating to any of the Indices or products or services described herein. The information provided by ICE and contained herein is subject to change without notice and does not constitute any form of representation or undertaking. ICE and its affiliates make no warranties whatsoever either express or implied as to merchantability fitness for a particular purpose or any other matter in connection with the information provided. Without limiting the foregoing ICE and its affiliates makes no representation or warranty that any information provided hereunder are complete or free from errors omissions or defects. All information provided by ICE is owned by or licensed to ICE. ICE retains exclusive ownership of the ICE Indices including the ICE BofAML Indexes and the analytics used to create this analysis ICE may in its absolute discretion and without prior notice revise or terminate the ICE information Indices and analytics at any time. The information in this analysis is for internal use only and redistribution of this information to third parties is expressly prohibited.
Neither the analysis nor the information contained therein constitutes investment advice or an offer or an invitation to make an offer to buy or sell any securities or any options, futures or other derivatives related to such securities. The information and calculations contained in this analysis have been obtained from a variety of sources including those other than ICE and ICE does not guarantee their accuracy. Prior to relying on any ICE information and/or the execution of a security trade based upon such ICE information you are advised to consult with your broker or other financial representative to verify pricing information. There is no assurance that hypothetical results will be equal to actual performance under any market conditions. THE ICE INFORMATION IS PROVIDED TO THE USERS “AS IS.” NEITHER ICE NOR ITS AFFILIATES NOR ANY THIRD-PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION INACCURACY ERROR OR OMISSION REGARDLESS OF CAUSE IN THE ICE INFORMATION OR FOR ANY DAMAGES RESULTING THEREFROM. In no event shall ICE or any of its affiliates employees officers directors or agents of any such persons have any liability to any person or entity relating to or arising out of this information analysis or the indices contained herein.
Source: Bloomberg Index Services Limited. BLOOMBERG® is a trademark and service mark of Bloomberg Finance L.P. and its affiliates (collectively “Bloomberg”). BARCLAYS® is a trademark and service mark of Barclays Bank Plc (collectively with its affiliates, “Barclays”), used under license. Bloomberg or Bloomberg’s licensors, including Barclays, own all proprietary rights in the Bloomberg Barclays Indices. Neither Bloomberg nor Barclays approves or endorses this material, or guarantees the accuracy or completeness of any information herein, or makes any warranty, express or implied, as to the results to be obtained therefrom and, to the maximum extent allowed by law, neither shall have any liability or responsibility for injury or damages arising in connection therewith.
TSX © Copyright 2023 TSX Inc. All Rights Reserved.
This material is not sponsored, endorsed, sold or promoted by Morningstar Research Inc. or any of its affiliates (all such entities, collectively, “Morningstar Entities”) or the Loan Syndications and Trading Association (“LSTA”). The Morningstar Entities and LSTA make no representation or warranty, express or implied, to the owners of this material or any member of the public regarding the advisability of investing in bonds generally or in Canso funds in particular or the ability of the Morningstar Indexes to track general bond market performance. THE MORNINGSTAR ENTITIES AND LSTA DO NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE MORNINGSTAR INDEXES OR ANY DATA INCLUDED THEREIN AND HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN.
Canso is dedicated to treating all people in a way that allows them to maintain their dignity and independence. We are committed to taking all reasonable efforts for persons with disabilities to obtain, use or benefit from our services and facilities by:
- Providing integration and equal opportunity;
- Preventing and removing barriers to accessibility;
- Permitting and enabling the use of assistive devices or other supports for accessibility and communications; and
- Meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA)
Canso has an accessibility policy that is available on the Website and also welcomes feedback on meeting the accessibility needs of individuals with disabilities.
Please contact us by telephone at 905-881-8853, e-mail at HR@cansofunds.com.
Canso is also an equal opportunity employer and welcomes employees and applicants with disabilities. If you require accommodation, please contact us to discuss how we can meet your needs.
Governing Law, Jurisdiction, and Geographic Restrictions
Canso controls and operates this Website from its headquarters in Richmond Hill, Ontario, Canada. Canso makes no representation that the Website or the materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for complying with applicable local laws. If you access this site from outside Canada, you do so at your own risk and you are responsible for compliance with the applicable laws in your jurisdiction. The Terms and Conditions are entered into in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, exclusive of its choice of law rules. Each party to the Terms and Conditions submits to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario and waives any jurisdictional venue or inconvenient forum objections to such courts. In any action to enforce the Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER CANSO NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CANSO NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE OR NOT INTERCEPTED. YOU ASSUME TOTAL RESPONSIBILITY, COST AND RISK FOR YOUR USE OF THIS SITE, THE MATERIAL AND SITE-RELATED SERVICES.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL CANSO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF CANSO OR AN AUTHORIZED CANSO REPRESENTATIVE WAS ALLEGEDLY ADVISED, HAD REASON TO KNOW, OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES, OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN NO EVENT SHALL CANSO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CANSO TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. YOU HEREBY RELEASE CANSO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Canso, their affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of the Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, Information, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Any consent by Canso to, or waiver of, a breach of these Terms and Conditions of Use which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different, or subsequent breach. Canso may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign your rights or obligations hereunder without Canso’s prior written consent.