Late Update: April 2020
Please read these terms and conditions carefully. They contain disclaimers of warranties, representations, conditions, guarantees and endorsements; exclusions and limitations of liability; waivers of rights and acceptance of risks in relation to access to and use of this Site and the information, products or services it contains or offers. By accessing this Site, you acknowledge these terms and conditions and agree without limitation or qualification to be bound by them and by applicable laws. If you do not agree to these terms and conditions, do not access this Site or any pages thereof.
ALL RIGHTS RESERVED. THIS WEBSITE DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITIES NOR SHALL IT FORM THE BASIS OF, OR BE RELIED ON IN CONNECTION WITH, OR ACT AS AN INDUCEMENT TO ENTER INTO, ANY CONTRACT OR COMMITMENT WHATSOEVER. VISITORS TO THIS WEBSITE WHO ARE CONSIDERING MAKING AN INVESTMENT IN A SPECIFIC SECURITIES OFFERING ARE REMINDED THAT THEY MUST NOT MAKE ANY DECISION ON THE BASIS OF INFORMATION CONTAINED IN THIS WEBSITE BUT, RATHER, ONLY ON THE CONFIDENTIAL OFFERING DOCUMENTS RELATING TO THAT PARTICULAR SECURITIES OFFERING. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE PERFORMANCE.
“Forest Gate” means Forest Gate Financial Corp. and its affiliated companies, including, but not limited to, Forest Gate Capital Ltd. and Forest Gate Advisors Inc. (collectively, “Forest Gate”, “us”, “we” or “the Company”)
“Site” means Forest Gate’s Public Worldwide Web site (www.forestgatefc.com)
“Information” means the information, materials, and content provided in the pages of the Site.
“Personal Information” means any information about an identifiable individual within the meaning of section 3 of the Personal Information Protection and Electronic Documents Act (“Privacy Act”). Personal Information includes, without limitation, information relating to identity (including the name or other identifier assigned to an individual), nationality, age, gender, address, passwords, telephone number, e-mail addresses, marital status, education, employment and health history, assets, liabilities, payment records, income and information relating to financial transactions as well as certain personal opinions or views of an individual.
“User” means any person having access to or using a Site.
The Site is owned by Forest Gate. Forest Gate may monitor access to, use of, and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so. Users hereby consent to any such monitoring and intervention.
Users agree not to introduce into or through this Site any information or material which may be harmful to others. Among other things, Users agree not to include, knowingly or otherwise, any error or defect in information which may, among other things, constitute libel, slander, or defamation, or give rise to a criminal offence or civil liability on the part of any person or entity. Users warrant that information or material which they provide to Forest Gate electronically through their access to or use of this Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, Users shall not:
At Forest Gate’s sole discretion, Forest Gate may terminate or refuse to permit the use of any services and of this Site by any person or entity, for any reason and without notice.
The content of Forest Gate’s Site is provided for information purposes only, unless otherwise indicated, and is not intended to provide specific financial, investment, tax, legal, or accounting advice to Users, and should not be relied upon for that purpose. Users should not act or rely on the Information without seeking the advice of a professional.
Products, solutions and services of Forest Gate are only offered in jurisdictions where they may be lawfully offered. All products, solutions and services of Forest Gate are subject to the terms and conditions of the applicable agreements governing their use and these terms and conditions are to be read together with the Terms and Conditions of the Site.
The Information on this Site does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. For Information specific to any specific provincial jurisdiction, Users should contact their advisor.
If Users choose to access the Site from outside Canada, they do so on their own initiative and are responsible for compliance with applicable local, national, or international laws. Users must be aware of the laws of their country or that otherwise apply to them in relation to any of the matters described in these pages. Users may not use, export, or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.
Despite its best efforts and the measures taken by Forest Gate to ensure the protection of Personal Information, the risk that the confidentiality or privacy of such information is violated, lost, or otherwise breached cannot be excluded. It is therefore understood and agreed that access to or use of the Site is at the User’s own risk, which he hereby accepts, and entails waiver of any rights or remedies against Forest Gate for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention, or disposal of Personal Information. Forest Gate is not responsible for and shall not be liable to the User or other persons for any claims, losses, costs, expenses, or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention, or disposal of Personal Information, except in cases where such prejudice results directly and entirely from the negligence of Forest Gate in the performance of its legal obligations under the Privacy Act.
Any unencrypted e-mail communication over the Internet is, as with communication via any other medium, such as cellular phones, not secure or confidential, and is subject to possible interception, loss or alteration. Forest Gate does not encourage anyone to send information, including Personal or Loan Information, to it using unencrypted e-mail. Alternative, secure means of communicating with Forest Gate over the Internet are available. Forest Gate is not responsible for and shall not be liable to Users or any other person for any damages in connection with an e-mail sent to Forest Gate, or by Forest Gate at User’s request.
Links from or to other Web sites or Internet resources outside the Site are meant for convenience only and are at Users’ own risks. The content, third parties named therein or their products and services, opinions expressed and other links provided by these sites’ resources are not reviewed, investigated, verified, monitored or endorsed by Forest Gate. Forest Gate makes no representations whatsoever about any other Web sites which Users may access through the Site, and Forest Gate shall not be responsible or liable for any damages in connection with linking.
While every effort is made by Forest Gate to ensure that all software provided at this Site is suitable for use on a wide variety of computer systems, Users should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with their specific computer system. Users must also ensure that they have up-to-date backup copies of the entire contents of their hard disk before installing software downloaded from this Site.
Links to downloadable software sites are for convenience only and Forest Gate is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software. If Users choose to access a software program through one of the links offered on Site, they are responsible for taking the necessary precautions to detect possible viruses and ensuring that the software is compatible with their computer.
Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the pages of the Site are trade names or trade-marks owned by Forest Gate, or trade names or trade-marks licensed to them. The display of trade-marks and trade names on pages in the Site does not imply that a licence of any kind has been granted to anyone else. The Information is for Users’ personal use only. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks and/or the contents of the Site may be a violation of federal or other law or common law rights that may apply to trade-marks and/or copyrights and could expose the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of the Information in any form.
Forest Gate does not give, make or set any warranties, representations, conditions, guarantees or endorsements, whether expressed or implied by law, statute, trade usage or otherwise, with respect to the functionality or conditions of this Site or the Information contained therein, including, without limitation, warranties as to merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for a particular purpose. Without limiting the generality of the foregoing, Forest Gate does not give, make or set any express or implied warranties, representations, conditions, guarantees or endorsements to the effect that the Information, accessed from or through this Site will be uninterrupted or free of errors, omissions, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Forest Gate, its agents, employees, directors, officers and affiliated companies and any person associated with the creation of this Site or its contents are not responsible for and shall not be liable to Users or other persons for any claims, losses, costs, expenses or damages whatsoever, including direct, indirect, incidental, special, consequential, reliance, exemplary or punitive damages arising out of or in connection with this Site, the Information contained therein, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, Forest Gate shall not be responsible for and shall not be liable to Users or to any other persons for any claims, losses, costs, expenses or damages arising out of or in connection with:
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if Forest Gate has been advised of the possibility of such claims, losses, costs or damages. Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, Forest Gate’s liability in such jurisdictions shall be limited to the extent permitted by law.
Users agree to indemnify and hold Forest Gate and its officers, directors, agents, and employees harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer’s fees made by any third party due to or arising out of:
Forest Gate reserves the exclusive right, at Users’ expense, to conduct the defence and assume control of any matter, subject to indemnification by Users, in which event the User shall cooperate with Forest Gate in asserting any and all available defences.
The Site and the Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Site, including the Terms and Conditions contained therein, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. By accessing and using this Site, Users submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, including the Terms and Conditions contained therein.
Specific contracts for Forest Gate’s products, solutions or services entered into via the Site shall be governed by, construed and subject to the laws and jurisdiction of the province expressly provided for in such contract and where none is specified, the laws and jurisdiction of the Province of Ontario shall be deemed to apply.