Terms of Use
Terms Binding
This website has been developed by and is the property of Durum Capital Inc. (including its affiliates and associates, “Durum”). Use of this website (including without limitation Durum’s social media platforms and communications as applicable, this “website”) is governed by these Terms of Use. Your access to and use of this website constitutes your agreement, on each occasion, to be governed and bound by these Terms of Use (including as they may be amended from time to time).
Site Content, Functionality, Security
(a) The content of this website or communication as applicable is provided on an “as is, where is” basis. Durum makes no representation or warranty, expressed or implied, as to the content, functionality or security of this website, including without limitation, warranties as to merchantability, operation, access, service levels, non-infringement, usefulness, completeness, accuracy, currency, reliability or fitness for a particular purpose. Durum reserves the right to add, delete or otherwise revise the content of this website or communication as applicable, including these Terms of Use, or to alter its operation and functionality, in its sole discretion, at any time, without notice, and without liability.
(b) The content of this website or communication as applicable is provided for informational purposes only, and does not constitute or provide any specific tax, investment, legal, accounting, financial or other advice or service to you or an offer to invest with Durum. No content should be relied or acted upon without seeking professional advice as to your own personal circumstances. Past performance is not determinatively indicative of future performance. No information contained on this website or communication as applicable constitutes an offer. Any information provided in connection with any contract or offer is subject in all respect to the terms and conditions specifically relating to such contract or offer. Durum investments are only available in qualifying jurisdictions.
(c) DURUM INVESTMENT PRODUCTS ARE AVAILABLE TO QUALIFIED INVESTORS ONLY, AN ASSESSMENT OF YOUR QUALIFICATIONS IS REQUIRED PRIOR TO ANY INVESTMENT. BEFORE MAKING ANY INVESTMENT DECISION, IT IS YOUR RESPONSIBILITY TO READ ALL RELATED OFFERING AND DISCLOSURE MATERIALS. THE INFORMATION CONTAINED ON THIS WEBSITE IS SUBJECT IN ALL RESPECTS TO SUCH OFFERING AND DISCLOSURE MATERIALS.
(d) The content of this website or communication as applicable may contain forward-looking statements or information within the meaning of applicable securities laws. In some cases, forward-looking statements or information can be identified by terminology such as “anticipate”, “believe”, “continue”, “could”, “estimate”, “expect”, “forecast”, “intend”, “may”, “objective”, “ongoing”, “outlook”, “potential”, “project”, “plan”, “should”, “target”, “would”, “will” or similar words suggesting future outcomes, events or performance. Forward-looking statements or information are based on subjective assumptions and available information (which may be incomplete) at the time the statement is made, and are subject to inherent risks and uncertainties associated with such assumptions and information. You are cautioned not to place undue reliance on these forward-looking statements or information.
(e) The content of this website or communication as applicable may contain information based upon or links to third-party sources. Durum does not warrant, guarantee, endorse or approve of any such third-party content unless expressly stated otherwise. Without limitation to the foregoing, Durum will not be liable for the actions, policies or content (including advertising content) of any social media platform, its operator, or any third-party user.
(f) If you download any software from or through this website, Durum is not responsible or liable for any damages or losses associated with downloading such software. The use of any such software is governed by the terms of the applicable license agreement.
(g) This website and all content contained on it is, or in any case shall be deemed as between you and Durum to be, the exclusive property of Durum. Durum claims copyright in respect of all content it publishes. All trade names, trademarks, logos, slogans and other commercial marks are the exclusive property of Durum unless expressly identified otherwise. All such proprietary rights are hereby proclaimed.
Privacy
Durum is committed to compliance with applicable privacy laws. Our Privacy Policy may be reviewed upon request. You hereby consent to Durum’s collection, storage and use of the personal information you disclose to Durum in the course of your use of this website for Durum’s commercial purposes, including managing its relationship with you.
Your Access and Use
(a) You may access this website and its content for personal, non-commercial purposes only excepting only in respect of your dealings directly with Durum or as otherwise expressly consented to by Durum. Your use of this website is at your own risk. You have no ownership or intellectual property rights to this website or any content on this website. Any information you share with Durum through this website is, by your disclosure of it, transferred and released to Durum, including without limitation, “cookies” within the meaning of that term as commonly referred to in the information technology industry. You may not modify, copy, distribute, transmit, export, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, this website or its content, without the express prior written consent of Durum.
(b) You agree not to use this website in any manner that could damage, disable, overburden or impair this website, Durum or any other user, or otherwise in any manner harmful to Durum’s good will and reputation. You may only use this website in accordance with applicable laws of Canada and those to which Durum is otherwise subject.
(c) To the extent that you access or participate in Durum’s social media platforms, you agree that you will not post, submit or otherwise publish any comment, media or other information which is, or may reasonably be perceived to be, defamatory, abusive, obscene, hateful, false, misleading or off-topic, unsolicited advertising or promotion, infringing on third party legal rights, including intellectual property rights, or otherwise harmful to Durum’s good will and reputation. Durum reserves the right, in its sole discretion, to administer the content of its social media platforms, including without limitation deleting any content posted by you which offends the foregoing criteria, or otherwise. You further agree to abide by the terms of use of such social media platforms.
(d) You indemnify Durum for any and all damages and losses whatsoever, caused, whether directly or indirectly, by your use of this website.
(e) You acknowledge that any misuse by you of this website or breach by you of these Terms of Use may cause Durum (or other users as the case may be) irreparable harm. Without limiting Durum’s rights and remedies hereunder, or at law, Durum is entitled to injunctive relief without the requirement of any bond or undertaking of damages, and other equitable remedies.
(f) Without limiting Durum’s rights hereunder or at law, Durum reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this website at any time, for any reason, without prior notice to you and without any liability to you for doing so.
Liability Disclaimer
You understand and acknowledge that the use of the internet carries with it inherent risks. Confidentiality and security cannot be assured. Furthermore, Durum makes no representation or warranty as to this website, its content, functionality or security. To the fullest extent permitted by law, in no event shall Durum be liable to you or to anyone else for any damages or losses whatsoever or howsoever caused (including without limitation direct, indirect, consequential, special, exemplary, OR punitive DAMAGES, loss of profit, loss of use, loss of data, breach of privacy, loss of opportunity or economic loss) arising out of or in connection with this website, its content, your use or access to it, or reliance on its content and notwithstanding any misrepresentation, negligence, gross negligence or willful misconduct attributable to Durum.
Third Party Beneficiaries
To the extent this website contains content provided by a third party with Durum’s consent or as a service to Durum, each such third party shall be considered a third party beneficiary by, through and under Durum’s interest herein.
Miscellaneous
(a) If for any reason any provision of these Terms of Use is rendered unenforceable, this contract shall be construed to the maximum extent permissible by law so as to effect the intent of these Terms of Use without having regard to the unenforceability of such provision.
(b) Except as expressly otherwise stipulated, these Terms of Use constitute the entire agreement between you and Durum with the respect to the subject matter hereof.
(c) No delay or failure by Durum to exercise any right hereunder shall constitute a waiver, unless expressly agreed to by Durum and then, only to the express extent of such agreement.
(d) This website and its use are governed by the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to the principals of conflicts of laws and notwithstanding your domicile, place of residency or physical location at the time of access. You hereby attorn to the exclusive forum and jurisdiction of the Alberta Court of Queen’s Bench located in Calgary, Alberta and you hereby waive any claim or defense of inconvenient forum.