Terms and conditions of use

By accessing this website (the "Site") you agree to be legally bound by these terms and conditions/ disclaimer ("Terms and Conditions"). If you do not agree to the Terms and Conditions below, do not access this site, or any pages thereof.

Investment warning

Mutual funds and other products managed by Yorkville Asset Management Inc. or its affiliates/subsidiaries (collectively “Yorkville”) may not be eligible for sale or available to residents of certain countries or certain categories of investors. Neither this Site nor a prospectus or other offering document for mutual funds or other products managed by Yorkville constitutes an offer or solicitation by any person in any jurisdiction in which such offer or solicitation is not authorized or to any person to whom it is unlawful to make such offer or solicitation.

Commissions, trailing commissions, management fees and expenses may be associated with investments in mutual funds or other products. Please read the prospectus or other offering document before investing. The indicated rates of return of a mutual fund are the historical annual compounded total returns including changes in security 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. Investments in mutual funds or other types of investment funds is not guaranteed, their values change frequently and past performance may not be repeated. Unless specifically stated otherwise, all price information is indicative only.

This Site is not intended to provide specific individual advice of any kind whatsoever including, without limitation, investment, financial, legal, accounting or tax advice. Please consult with your own professional advisor regarding your particular circumstances.

The materials should not be regarded by recipients as a substitute for the exercise of their own judgement. This Site is for information purposes only, and the information, including these terms and conditions and any opinions expressed are subject to change
without notice. When making a decision about your investments, you should seek the advice of a professional financial advisor.

Forward looking statements

The Site may contain statements that constitute "forward looking statements". While these forward looking statements may represent Yorkville’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from Yorkville’s expectations. Yorkville is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

Internet e-mail

E-mail over the Internet is not a secure medium and privacy cannot be assured. Yorkville will not be responsible for any harm or damage you may experience or incur by sending personal or confidential information to Yorkville over the Internet by e-mail, or if we send such information at your request. Please refer to Yorkville’s privacy policy for more information.

User names and passwords—the Advisor Login

Individuals receiving user names and passwords from Yorkville to use any part of this Site (the “Advisor Login”) shall maintain the confidentiality of such names and passwords, immediately advise Yorkville of any unauthorized use of such names, passwords and other breaches of security, and are fully responsible for all activities arising from the use of such names and/or passwords. Yorkville will not be liable for any unauthorized use of any user names or passwords. By obtaining or using a user name or password to access parts of this Site, you will be representing that you are registered as a dealer or a salesperson, partner or officer of a registered dealer. Yorkville may, at any time and for any reason in its sole discretion, cancel or restrict your use of the Site, or any part of it, without notice.

Indemnity

You agree to indemnify and hold harmless Yorkville and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses of any kind (including reasonable legal fees), whether in contract or in tort, including negligence, or otherwise, arising from or in connection with a breach of these terms and conditions or the use of all or part of this Site, even if Yorkville has been advised of the possibility of the same.

Disclaimer of liability

This Site is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by Yorkville to the fullest extent permitted by law. Yorkville will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, this Site, any of its content or links (including without limitation any inaccuracies or viruses), or any Web browser or other equipment, even is Yorkville, or representatives thereof, are advised of the possibility of such damages.

Copyright

Yorkville retains all right, title and interest in all information and content, including all text, data, graphics and logos, on the Site. The contents of this Site are protected by applicable copyright laws. Unauthorized use or exploitation of such content is strictly prohibited, including without limitation unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.

Linking to Site

Links to this Site without the express written permission of Yorkville are strictly prohibited. To request permission, please contact Yorkville at info@yorkvilleasset.com. The framing, mirroring, scraping or data-mining of this Site or any of its content in any form and by any method is strictly prohibited.

Third-party references and links

The Site may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. Yorkville has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. References or Links to other sites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection, worms, Trojan horses or other destructive / disruptive components on or from such sites.

General

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.

These terms and conditions and this Site are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to this Site, agreement or any related matters.

If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Transfers of Information across International Boundaries.

As the Internet is worldwide if you are visiting this site from outside Canada your visit will necessarily result in the transfer of information across international borders. By visiting this site and communicating electronically with us you are consenting to these transfers.