Legal Disclaimer

LEGAL TERMS OF USE

These legal terms of use (the “Terms”) govern your use of the Picton Mahoney Asset Management (“Picton Mahoney”) website pages (the “Website”). If you access and use the Website, you accept and agree to be bound by and comply with the Terms. The Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the Website.

CANADIAN RESIDENTS ONLY

The information on this site is intended for Canadian residents. The contents of this Website do not constitute an offer or a solicitation to buy products or services to any person in a jurisdiction where such an offer or solicitation is considered unlawful.  For further clarity, Picton Mahoney’s products are not being offered in the United States or any other jurisdiction, and units of the funds may not be purchased by any United States or international entity, either directly or indirectly.  Units of the Picton Mahoney funds managed by Picton Mahoney will not be sold to any person residing outside Canada unless such sales are permitted under the laws of their jurisdiction. Investors should contact their financial advisors for more information.

NO ADVICE OR RECOMMENDATION

The information provided on this Website is published by Picton Mahoney. Any information included on this Website, including commentaries, is provided as a general source of information and should not be considered investment advice, a recommendation or a representation about the suitability or appropriateness of any product or service.  The amount of risk associated with a particular investment depends on each investor’s circumstances, and investors should consult with their professional advisers and/or consultants regarding the suitability of the products and services mentioned on this Website.  This Website is not intended to provide legal, accounting, investment or tax advice, and should not be relied upon in that regard. If you require any such advice, you should retain the services of a competent professional.

Information on this Website is intended for general information purposes and is subject to change.  If there is an inconsistency between this document and the respective offering documents, the provisions of the respective offering documents shall prevail.

This Website may contain the opinions, views or recommendations of individuals or organizations. Where present these opinions, views and recommendations are provided for your general interest, and are not endorsed by Picton Mahoney.

NO RELIANCE

Picton Mahoney takes reasonable steps to provide up-to-date, accurate and reliable information, and believes the information to be so when published. Information obtained from third parties is believed to be reliable, but no representation or warranty, express or implied, is made by Picton Mahoney or any other person as to its accuracy, completeness, reliability or correctness. Picton Mahoney assumes no responsibility for any errors or omissions. The views and opinions expressed herein are those of Picton Mahoney and are subject to change without notice.

FORWARD-LOOKING STATEMENTS

This Website may contain forward-looking statements about general economic factors which are not guarantees of future performance. Forward-looking statements involve inherent risk and uncertainties, so it is possible that predictions, forecasts, projections and other forward-looking statements will not be achieved. We caution you not to place undue reliance on these statements, as a number of important factors could cause actual events or results to differ materially from those expressed or implied in any forward-looking statement. All opinions in forward-looking statements are subject to change without notice and are provided in good faith but without legal responsibility.

USE OF WEBSITE

Users of Picton Mahoney’s Website shall only be entitled to use and copy material on the Website for their own personal use but may not republish or reproduce any substantial part of the Website in any manner whatsoever, including electronically reproducing the Website by “uploading,” “downloading” or accessing the Website on to the Internet or any other local or international computer system, without the prior written permission of Picton Mahoney. An acknowledgment of the source must be included whenever Picton Mahoney material is copied or published. Any infringement of Picton Mahoney’s rights will result in appropriate legal action.

Websites accessed by hypertext or links appearing in this Website may have been independently developed by parties other than Picton Mahoney, and Picton Mahoney does not guarantee the accuracy of information contained in such websites. The listing of an organization in this site should not be construed as an endorsement of its products or services.  Links from or to websites, including links to the Website, are for convenience only. Picton Mahoney does not review or control, and is not responsible for, any websites linked from or to the Website, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk, and Picton Mahoney will not be responsible or liable for any damages in connection with such linking. In addition, Picton Mahoney does not endorse or approve of any websites linked from or to the Website.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading such software. The use of any downloaded software is governed by the terms of the applicable licence agreement, if any, which accompanies such software or is provided with such software or herein.

Complete confidentiality and security is not yet possible over the Internet. Picton Mahoney advises that the Internet is not a secure medium and privacy cannot be ensured. Picton Mahoney and its affiliates will not be responsible for any damages you may suffer if you transmit confidential or sensitive information to us.

MUTUAL FUNDS AND ALTERNATIVE FUNDS

The funds are offered by Picton Mahoney and are distributed through authorized dealers.  Important information about the funds referenced on this Website, including any associated commissions, trailing commissions, management fees, performance fees and expenses, as applicable, is contained in their respective prospectuses, copies of which may be obtained directly from the Website or Picton Mahoney and which you should read carefully prior to investing.

Commissions, trailing commissions, management fees, performance fees and expenses all may be associated with mutual fund investments. Please read the prospectus before investing. The indicated rates of return are the 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 unitholder that would have reduced returns. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated.

Due to applicable to regulatory requirements, performance returns for funds less than 1 year old cannot be displayed.

MODIFICATIONS

You should check the Website and these Terms periodically for modifications. Picton Mahoney may modify the Website and/or the Terms from time to time without notice to you. If Picton Mahoney makes material changes to the Terms we will post the revised Terms and the revised effective date on this Website and/or provide notice by some other means. By using the Website following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Website.

DISCLAIMER OF WARRANTIES AND CONDITIONS

The Website, including, without limitation, all content, function, materials and services, is provided “as is,” without warranty or condition of any kind, either express or implied, including, without limitation, any warranty or condition for information, data, data processing services or uninterrupted access, any warranties or conditions concerning the availability, accuracy, completeness, usefulness or content of information, and any warranties or conditions of title, non-infringement, merchantable quality or fitness for a particular purpose. Picton Mahoney does not provide any warranty or condition that the Website or the functions, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Picton Mahoney makes no warranty or condition that the Website will meet users’ expectations or requirements. No advice, results or information, or materials, whether oral or written, obtained by you through the Website shall create any warranty or condition not expressly made herein. If you are not satisfied with the Website, your sole remedy is to discontinue using the Website.

LIMITATION OF LIABILITY AND INDEMNITY

To the greatest extent permitted under applicable law, in no event shall Picton Mahoney, its affiliates or any of their respective directors, officers, employees, agents or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or any loss of revenue or anticipated profits, or lost business, data or sales, or cost of substitute services, arising from or directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, even if Picton Mahoney, its representative, service provider or agent has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you. In no event shall the total liability of Picton Mahoney to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or your use of the Website exceed, in the aggregate, $100.00. You agree to defend, indemnify and hold Picton Mahoney, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, in any way arising from, related to or in connection with your use of the Website, your violation of these Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

GENERAL

You agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern these Terms and your use of the Website. Please note that your use of the Website may be subject to other local, provincial, federal and international laws. You consent to the exclusive jurisdiction of the courts of the Province of Ontario for enforcement of these Terms and your use of the Website. The failure of Picton Mahoney to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without Picton Mahoney’s express written consent. These Terms inure to the benefit of Picton Mahoney’s successors, assigns and licensees. The Terms and Picton Mahoney’s online Privacy Policy constitute the entire agreement between you and Picton Mahoney and govern your use of the Website, superseding any prior agreements between you and Picton Mahoney. You may also be subject to additional terms and conditions that are applicable to certain parts of the Website.