Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE.

This website (this “Site”) is provided by Portland Private Equity, LP (“Portland”) conditional on your acceptance of the terms and conditions set forth below (the “Terms and Conditions”). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each entity on whose behalf you act to accept and abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use this Site or download or use materials from it.

The materials and information on this Site are communicated by Portland, and are only to be accessed and viewed by limited categories of persons in Canada and in other jurisdictions who satisfy certain criteria.

IMPORTANT INFORMATION FOR PERSONS IN CANADA: This Site includes materials and information (the “Site Information”) on issuers whose securities cannot be marketed in Canada to the general public. Accordingly, the Site Information is directed only to those persons that qualify as “accredited investors” under National Instrument 45-106 (“NI 45-106”) adopted by the Canadian Securities Administrators. Any trade or trade activity to which this Site relates is only available to such persons or will be engaged in only with such persons, and this communication must not be acted upon by persons other than those referred to above. Expressions of interest resulting from the Site Information will only be responded to if received from accredited investors under NI 45-106. Persons of any other description should not rely on or act upon the materials and information on this Site. No securities commission or similar regulatory authorities in Canada has reviewed or in any way passed upon the Site, the Site Information or the merits of the securities described herein and therein, and any representation to the contrary is an offence.

IMPORTANT INFORMATION FOR RECIPIENTS IN OTHER JURISDICTIONS: The Site Information may be restricted in certain jurisdictions and no person in any such jurisdiction may treat this Site as constituting an offer, invitation or inducement to them to enter into any investment agreement or purchase any security referred to in such Site Information, unless in the relevant jurisdiction such an offer, invitation or inducement could lawfully be made to them. Accordingly, this Site does not constitute an offer, invitation or inducement by anyone in any jurisdiction in which such offer, invitation or inducement is not lawful or in which the person making such offer, invitation or inducement is not qualified to do so or to anyone to whom it is unlawful to make such offer, invitation or inducement. No securities commission or similar regulatory authorities has reviewed or in any way passed upon the Site, the Site Information or the merits of the securities described herein and therein, and any representation to the contrary is an offence. It is the responsibility of any persons who wish to express an interest in any of the Site Information to inform themselves of, and to observe, all applicable laws and regulations.

CHANGES TO THIS SITE OR THE TERMS AND CONDITIONS: Portland reserves the right, at any time, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part. Such changes will be effective immediately upon notice thereof posted at this Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of the Terms and Conditions as changed.

Portland may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any information or features, at any time without notice or liability. Portland may similarly add, remove, modify or otherwise change any content, including that of third parties, on or from this Site. Portland may also restrict your access to parts, or all, of this Site without notice or liability.

LIMITED LICENSE AND COPYRIGHT: This Site, including all text, design, graphics, drawings, photographs, or images thereon and the selection and arrangement thereof, is the property of Portland and protected by Canadian and worldwide copyright laws and treaty provisions.
Unless otherwise noted in a particular document, Portland hereby authorizes you to electronically copy or print in hard copy any document published by Portland on the Site solely for your internal reference purposes within your organization or personal use only. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of Site Information provided by Portland without prior written approval from Portland is strictly prohibited. Except as expressly provided herein, Portland does not grant any express or implied right or license to you under any intellectual property right of Portland or any third party including under any patent, trademark, copyright, trade secret, or confidential or proprietary information of Portland or such third party.

TRADE-MARKS: The company names and logos of Portland used on this Site may be trade-marks, including registered or unregistered trade-marks of Portland. Such company names and logos of Portland may not be copied, imitated or used, in whole or in part, without the prior written consent of Portland. Other company names and logos mentioned or appearing on this Site or in documents available through this Site may be the trade-marks of their respective owners, the use of which may require their prior written consent.

SECURITY: Although Portland may provide certain security in an effort to protect the electronic transmission of the information that you may submit to Portland through this Site, Portland does not guarantee the security of any information transmitted to or from this Site.

USER CONDUCT: You may not, you agree not to, and you may not allow others to, directly or indirectly use or attempt to use another’s account, service or system without authorization from Portland, or use a false identity on this Site or attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site or from your computer, and that you will comply with all applicable laws that relate to your use or activities on this Site or in respect of the information and materials available on the Site.
Where they have been issued to you, it is your responsibility to maintain the security and confidentiality of your password and login details. You must inform us as soon as reasonably practicable if you suspect that your password or login details are known by or available to any third party. You agree that, if you inform us of any suspected disclosure of your password and login details, we may take such steps as we consider may be reasonably necessary in the circumstances (including, without limitation, canceling your existing password and login details and issuing a new password and login details to you).

E-MAIL COMMUNICATIONS: Please be aware that e-mail communications are subject to the risk of data corruption and other transmission errors. Portland makes no warranty as to the accuracy or completeness of any information contained in its e-mail communications and hereby excludes any liability of any kind for the information contained herein or for the transmission, reception, storage or use of such information in any way whatsoever. Unless otherwise specifically stated no legally binding commitments are created by e-mail communications from Portland. E-mail communications from Portland are each intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received an e-mail from Portland in error, or are not named as a recipient thereon, you must not copy this e-mail or disclose any information contained therein. Please immediately notify the sender and destroy all copies of such e-mail. Any opinions expressed in such e-mail are those of the author and do not necessarily reflect the opinions of Portland.

LINKS AND THIRD PARTY CONTENT: As convenience to its users, this Site provides hypertext links to other websites and Internet addresses which contain information created, published, maintained or otherwise posted by other entities. Portland does not endorse, sponsor, recommend, approve, certify or exercise control over such third parties, the linked third party sources or any content, services or products available on or through such third party sources. You agree that Portland shall not have any liability whatsoever to you for any such linked third party sources or any content, services or products available on or through such third party sources.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Portland shall not have any liability whatsoever to you for any such third party material, data or information.

PRIVACY POLICY: The Portland Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between Portland and you with respect to your use of this Site.

DISCLAIMER OF WARRANTIES: The information published on the Site is provided for general information purposes only and should not be used as a basis for making investment or business decisions. No information (including without limitation any information describing our investment portfolio) or opinion expressed in the Site is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by us or any of our affiliate companies to you or any person to buy, sell or otherwise deal in any particular investment, or otherwise make any investment or divestment or to engage in investment activity. In providing such information we are not issuing, promulgating or providing any financial or other advice to you or any person.

While every effort is made to keep this Site current and accurate, the information and materials accessible through this Site may contain inaccuracies and typographical errors. Portland makes no representations or warranties about the accuracy, adequacy, usefulness, timeliness or completeness of the information or materials accessible through this Site, or the reliability of any statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Portland reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. This Site, the information and materials made available through this Site are provided “as is” without any representation, warranty or condition of any kind, express or implied, written or oral, including without limitation the implied warranties or conditions of title, non-infringement, merchantability and fitness for a particular
purpose, and those arising by statute or otherwise by law or from a course of dealing, course of performance or use of trade. Portland does not warrant that this Site will operate without interruptions or that it will be error-free, that defects will be corrected or that the Site or that the server(s) which makes the Site available are free of viruses or other harmful components.

LIMITATION OF LIABILITY: In no event shall Portland be liable to you or any third party for any direct, indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation any loss of profit or revenue, failure to realize expected savings, loss of information, programs or data, loss of goodwill or interruption of activities, whether related to your use or inability to use the Site or the information or materials obtained through this Site or related to these Terms and Conditions, even if Portland had been advised of the possibility of such damages. In no event shall the aggregate liability of Portland exceed one hundred dollars ($100), regardless of the cause of action.

INDEMNITY: You agree to indemnify, defend and hold harmless Portland, its successors and assigns and the shareholders, directors, officers, employees and agents of each of them with respect to any claim, demand, loss, cause of action, debt or liability, including reasonable legal and consultant’s fees resulting from any actions and communications undertaken or transmitted in the course of your usage of this Site or the Site information or materials or your breach of these Terms and Conditions.

CHOICE OF LAW: These Terms and Conditions shall be deemed to have been made and performed exclusively in Quebec and shall be governed by and construed under the laws of Quebec and the laws of Canada applicable therein, without giving effect to any conflicts of law rules. You agree and consent to submit to the exclusive jurisdiction of the courts of the District of Montreal, Province of Quebec for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against Portland (or any officer, director or employee thereof) in any other jurisdiction.

GENERAL: Portland’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.