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Diversified Global Asset Management

Diversified Global Asset Management - User Agreement

By accessing or using this web site of Diversified Global Asset Management Corporation ("DGAM", "us" or "we"), www.dgam.com (the "Site"), you accept and agree to comply with the terms and conditions of this User Agreement. This User Agreement is binding between you and DGAM and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE, AND SHOULD EXIT, THE SITE.

This User Agreement is in addition to any other agreement between you and DGAM or any of its affiliates.

1.   DGAM grants you a limited right to use the Site.

  • Your right to use the Site is subject to your agreement to abide by this User Agreement, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
  • You are granted a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access and use the Site on any computer or other electronic display of which you are a user.
  • You may use the Site only for your personal, non-commercial use.
  • At any time and for any reason we may revoke your right to use all or any portion of the Site.
  • You may not violate or attempt to violate the security of the Site, including obtaining or attempting to obtain unauthorized access to restricted areas of the Site or to protected materials or information.

2.  The Site and its Content are owned by DGAM, its affiliates, and/or third parties.

  • The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by DGAM, its affiliates and/or third parties.
  • Diversified Global Asset Management, dgam.com and certain other names and indicia of DGAM and its products and/or services are trademarks and service marks or registered trademarks of DGAM and its affiliates. Other product and company names, to the extent they appear on the Site, may be trademarks of their respective owners.
  • You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
  • You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
  • You are prohibited from any use of the Site and the Content that would result in any liability to DGAM or its affiliates or otherwise violate any applicable laws or the User Agreement then in force.
  • You may print copies of any accessible portion or portions of the Site only for your own personal, non-commercial use.
  • You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.

3.  You make certain representations and warranties regarding your use of the Site.

  • You represent and warrant that (i) you have authority to enter into and perform your obligations pursuant to this User Agreement, (ii) you have not and you will not enter into any agreement or do anything which might contravene the purposes and/or effects of this User Agreement; and (iii) you will not delete any Content on the Site.

4.  No offering or solicitation; all Content is for informational purposes only.

  • This Site is provided as a service and for information purposes only by DGAM and its affiliates.
  • Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.  No assurance can be given that any risk management framework described on the Site will achieve its objective.
  • Neither the Site nor any of the Content is an offering document or solicitation to buy any security, and they should not be relied upon by any party in connection with any investment in any fund or investment vehicle managed or advised by DGAM.  Any such offering or solicitation, if made, may only be made by a confidential private placement memorandum which sets forth details of the fund or vehicle and the risks associated with any investment therein. 
  • Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice.
  • You are responsible for determining whether any investment, security or strategy or any product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation.  You should consult with your own professional advisors for investment, accounting, tax or legal advice.

5.  There are various risks you assume in relying on the Content.

  • We make reasonable efforts to provide accurate Content on the Site, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
  • We may change all or any portion of the Site at any time without notice to you.
  • We do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
  • You agree that we are not liable for any action you take or decision you make in reliance on any Content.

6.  DGAM is not liable for any technological problems and any impact that they may have.

  • All or any portion of the Site may not be available and may not function properly at any time.
  • We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
  • We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
  • We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site.
  • We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
  • We are not liable for any defects, delays or errors in or resulting from your use of or access to the Site.

7. DGAM is not responsible for information on any third party web site.

  • If you access any third party web site through the Site or otherwise, you do so at your own risk.
  • Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by us.

8.  DGAM has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.

  • We may monitor and record activity on the Site for any reason or for no reason.
  • We may investigate any complaint or reported violation of our policies.
  • We may report any activity that we suspect may violate any law or regulation to governmental authorities, regulators, law enforcement officials or other persons or entities that we deem appropriate.
  • We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.

9.  DGAM respects your privacy.

  • Privacy is fundamental to our relationship with you.  We are committed to maintaining the confidentiality, integrity, and security of any personal information you provide to us.  Inter-nal policies have been developed to protect this confidentiality, while allowing legitimate business needs to be served.
  • Your use of the Site may involve the transmission of information, including personally identifiable data, about you.  When you visit the Site, move from page to page, read pages, or download Content, the following information may be recorded: the address you are connecting from, which pages are visited, what content is downloaded, and the address of the web site that you visited immediately before coming to the Site. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the Site.
  • DGAM reserves the right, but is not obliged, to access, archive, or monitor any use of this Site, or your use of this Site, including as described above, and your communications with DGAM. By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with this User Agreement, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your Site usage and enforce, or fail to enforce, this User Agreement. You further agree that neither DGAM nor any of its affiliates will be liable for any damages incurred by you as result of our usage monitoring.
  • We will not disclose nonpublic personal information about you to third parties other than as described herein.
  • We may collect information about you (such as your name, address, assets and income) from discussions with you, from documents that you may deliver to us and in the course of providing advisory services to you.  To provide you with such services we may provide your personal information to affiliates and to firms that provide assistance in servicing us and our affiliates and that have a need for such information, such as fund administrators, brokers, custodians or other service providers.  We and our affiliates require third party service providers and financial institutions with which we have relationships to protect the confidentiality of your information and to use the information only for the purposes for which the information is disclosed.  We do not otherwise provide information about you to outside firms, organizations or individuals except as required to our professional advisors, administrators, and auditors and as permitted by law.
  • We and our affiliates restrict access to nonpublic personal information to employees with a legitimate business need for the information.  We maintain appropriate physical, electronic and procedural safeguards designed to protect your personal information.

10.  DGAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT.

  • THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE."
  • WE MAKE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF
    • MERCHANTABILITY,
    • FITNESS FOR A PARTICULAR PURPOSE, AND
    • NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
  • WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT, AND DO NOT WARRANT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF OR ACCESS TO THE SITE AND THE CONTENT.

11.  DGAM'S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE SITE IS TO STOP USING THE SITE.
  • IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, OR THE INABILITY TO USE OR ACCESS THE SITE.
  • OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
  • THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

12.  You will be responsible for any liability to DGAM that arises out of your breach of this User Agreement or your use of the Site.

  • You agree to indemnify, defend and hold harmless DGAM and its affiliates and their respective agents, directors, officers and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:
    • your use of or access to the Site and the Content;
    • your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement; and
    • your violation of any applicable law or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.

13.  You and DGAM agree that Ontario law governs this User Agreement.

  • The Site (excluding linked sites) is controlled by DGAM from its offices within the Province of Ontario, Canada.
  • This User Agreement and all terms and conditions included or incorporated by reference will be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles.
  • You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with this User Agreement or relating to your access to or use of the Site.

14.  You will be bound by revised versions of this User Agreement that DGAM posts on the Site.

  • DGAM reserves the right to change the Site and the User Agreement at any time, without notice.
  • Modifications of this User Agreement will be effective immediately upon posting unless we indicate otherwise.
  • Your use of the Site indicates your full acceptance of this User Agreement in its then current form each time you use the Site.


15.  You are bound by certain other general conditions.

  • We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
  • If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
  • Failure by DGAM to enforce any provision of this User Agreement will not be construed as a waiver of any provision or right.
  • The following paragraphs in this User Agreement will survive termination of your use or access to the Site: 2, 4, 5, 6, 7, 10, 11, 12, 13 and 15, and any other provision that by its terms survives termination of this User Agreement.
  • This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and DGAM concerning the subject matter hereof.

 
 

Diversified Global Asset Management