Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.portfoliohiway.com (the “Site”). The Terms of Service govern the relationship between you and PortfolioHiWay Inc. (“PHW”) and its affiliates and related entities (“we”, “our” or “us”) and governs your use of our Site and its content. Capitalized terms are defined in this Agreement.
By accessing or using the Site in any manner, including, but not limited to, visiting, or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
The Site and its original content, features and functionality are owned by PHW and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Site is provided on an “as is” basis and we do not make any express or implied representations, warranties, endorsements or conditions with respect to the Site or any of its contents, including without limitation, any warranties or conditions as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Any implied warranties, statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law. In accessing the Site, you have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
PHW, or its affiliates, or its content providers are not responsible in any manner for any damages, losses or expenses (including direct, indirect, special, consequential, incidental or punitive damages), however caused, arising directly or indirectly out of your use of the Site and/or any web browser or your inability to use the Site, or any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet, even if we or our representatives are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, you agree to indemnify us against any and all liability resulting from any claims arising in relation to your use of the Site.
The Site, and any information and materials posted on this Site, is not, and under no circumstances is to be construed as, an invitation to make an investment in any product, a public offering, an offer to sell or a solicitation to buy a security nor does it constitute an offer by PHW to provide investment advisory services. The information and materials posted on this Site are not intended as investment, financial, legal, accounting, tax or other advice and should not be relied upon in that regard. Graphs are used for illustrative purposes only. We cannot guarantee the information is accurate, complete, or current at all times.
Products and services of PHW and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement. The Site should not be relied upon when evaluating the merits of a potential investment in any securities. Each potential investor should read the offering documents in their entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision. Particular investment or trading strategies should be evaluated relative to each investor’s objectives, risk tolerance and particular circumstances. Investors must contact their own financial advisors for any additional information. We are not liable for any errors or omissions in the information or for any loss or damage suffered.
The disclosure on the Site may constitute “forward-looking information” for the purpose of applicable securities legislation, as it may contain statements intended course of conduct and future operations of PHW. These statements are based on assumptions made by PHW of the success of its investment strategies in certain market conditions, relying on the experience of PHW’s officers and employees and their knowledge of historical economic and market trends. Investors are cautioned that the assumptions made by PHW and the success of its investment strategies are subject to a number of mitigating factors. Economic and market conditions may change, which may materially impact the success of PHW’s intended strategies as well as its actual course of conduct.
This website is solely for investors resident in Canada. The information contained herein does not constitute an offer or solicitation to anyone in the United States or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should contact their financial advisor to determine products and services in their jurisdiction.
Links to non-PHW websites are provided solely as pointers to information on topics that may be useful to users of the Site. PHW does not review or control the content, and is not responsible for, any non-PHW websites linked from or linking to the Site on such non- PHW websites. PHW makes no warranties, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination. PHW does not guarantee the authenticity of documents on the Internet. Links to non- PHW sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Site may constitute trade names, registered or unregistered trade-marks or service marks (“Trade-marks”) of Portfolio HiWay Inc. or other third parties.
Copyright © 2020 Portfolio HiWay Inc. All information in the Site is protected under the copyright laws of Canada and/or other countries. Users of the Site shall be entitled to a single copy of any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading” or “mirroring”, without the prior written consent of PHW. Except as provided above, no one has permission to copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, scrape, sell, republish, use to create derivative work or otherwise use for public or commercial purposes in any form, any information found on the Site.
Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of the Site may be a violation of statutory or common law rights which could subject the violator to legal action.
The Site is administered by PHW from its offices in Canada. Except where prohibited by the laws of your jurisdiction, the Site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site or the Terms of Service shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You 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 or the Terms of Service.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Any failure by us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.
We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any feature, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorization, rights and license given in these Terms of Service and, upon such termination, you shall immediately destroy all information and materials obtained by you from the Site.