Advisor Center Rules and Regulations
Value Partners Investments Inc. (VPI) requires that all visitors to our on-line
ADVISOR Center site on the World Wide Web (the "ADVISOR Center") be approved by
VPI and adhere to the following rules and regulations ("Rules"). By clicking on
the "ACCEPT" button at the bottom of these Rules, you indicate your acknowledgment
and acceptance of these terms and conditions.
- Access to ADVISOR Center Limited to Authorized Use: Access to and use of password
protected or otherwise secured areas of the ADVISOR Center is restricted to Authorized
Users only, and only for the Authorized Purpose (as defined in Section 2 below).
As an Authorized User, you are the only person authorized to access the ADVISOR
Center using your User Name and Password. You are responsible for all uses of the
ADVISOR Center by you or any other person who uses your User Name and Password,
with or without your permission. If you are using the ADVISOR Center on behalf of
a company or other organization, you represent and warrant that you are authorized
to enter into this agreement on behalf of that organization, and you acknowledge
that the rights to use the ADVISOR Center are expressly conditioned on such representation.
Unauthorized individuals attempting to access these secured areas of the ADVISOR
Center will be subject to prosecution to the furthest extent permitted by law. "Authorized
User" is defined as that person to whom VPI has issued a user name ("User Name")
and password ("Password") and who agrees to be bound by these Rules. You represent
that you are a broker/dealer and/or an investment adviser operating in compliance
with any and all applicable laws (including any laws or exemptions pertaining to
your need to be registered and/or licensed with any self-regulatory organization
and/or any provincial, local, municipal or federal governmental authority). Authorization
to use the ADVISOR Center by VPI does not authorize the Authorized Users to sell
VPI funds.
- Obtaining a User Name and Password: Authorized Users will be given an online User
Name and Password that will give the Authorized User access to (a) general information
and marketing material occasionally available in the ADVISOR Center ("Marketing
Materials"); (b) VPI's new account opening documentation (including the New Account
Application Package which contains the Broker/Consultant Instructions, Investment
Plan Application and if applicable Locked-in Addenda, Spousal Consent Form and T2033
Registered Transfer Form (collectively, the "New Account Documentation"); and (c)
a link to Advisortrax.com where the Authorized User will access current client(s)
account information ("Client Information") ((a), (b) and (c) above either collectively
or individually being an "Authorized Purpose"). For security purposes it is recommended
that the Authorized User memorize this User Name and Password and not write it down.
- Confidentiality/Agreement Not to Disclose to Third Parties/Use of Marketing Materials
and New Account Documentation: You agree that you shall keep all Client Information
you obtain through, in or on this ADVISOR Center ("Information") and on Advisortrax.com
in strictest confidence and no part of such Client Information shall be disclosed
to any third party (other than the client to which the information pertains) for
any reason in any manner whatsoever. Furthermore, you agree to keep your User Name
and Password in strictest confidence and shall not disclose your User Name and/or
Password to any third party for any reason in any manner whatsoever. If you believe
that your User Name and/or Password may have been lost or stolen, or that an unauthorized
user has been accessing the ADVISOR Center, you must notify VPI at once at 1-866-323-4235.
With respect to the Marketing Materials and New Account Documentation, the only
statements you are authorized to make about VPI, its products and/or the terms of
its services, are those that appear on or are contained in the Marketing Materials
and New Account Documentation. You are not authorized to make and represent and
agree that you shall not make any statement and/or representation about VPI, its
products and/or the terms of its services to third parties to whom you present any
Marketing Materials and/or New Account Documentation other than those contained
in said Marketing Materials and/or New Account Documentation. You agree to be fully
and solely responsible and liable for any statements or representations you make
to any third party about (a) VPI, its products and/or the terms of its services;
(b) any Marketing Materials; and (c) any New Account Documentation in violation
of this Paragraph 3.
You further agree, acknowledge and represent that you will deliver a copy of VPI's
SIMPLIFIED PROSPECTUS and ANNUAL INFORMATION FORM to any third party to whom you
present, give or deliver any New Account Documentation obtained from this ADVISOR
Center. You acknowledge that VPI's SIMPLIFIED PROSPECTUS and the ANNUAL INFORMATION
FORM is easily available and may be easily downloaded and printed from VPI's website.
You agree to fully indemnify, defend and hold VPI harmless for any losses, costs,
damages and expenses in connection with your breach of this Paragraph 3 or any other
agreement or covenant contained in these Rules.
- Termination: VPI reserves the right to terminate your use of the ADVISOR Center
at any time for any or no reason at its sole discretion. VPI may at any time modify
or terminate any of the features, services or technology requirements or any other
aspect of the ADVISOR Center, at our sole discretion.
- No Warranties: ALL INFORMATION ON THE ADVISOR CENTER IS PROVIDED TO YOU "AS IS"
WITHOUT REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THE LIKE, SECURITY OR ACCURACY.
VPI is not responsible for any information, opinion, advice or other content of
the ADVISOR Center ("Content") obtained from third parties. VPI does not endorse
and is not responsible for the accuracy or reliability of any opinion, advice or
statement made through the ADVISOR Center by any party other than VPI. Under no
circumstance will VPI be liable for any loss or damage caused by any user's reliance
on any Content obtained through the ADVISOR Center. It is your responsibility to
evaluate the accuracy, completeness, suitability or usefulness of any Content. Please
seek the advice of professionals, as appropriate, regarding the evaluation of any
specific Content.
The Content should not be construed as investment or financial advice. VPI expressly
disclaims all liability in respect to actions taken or actions not taken based on
any or all of the Content.
The Content has been included for informational purposes only, and may not reflect
current financial data, developments and/or market conditions. No recipient of Content,
clients, brokers or otherwise, should act or refrain from acting on the basis of
any Content without seeking the appropriate financial or other professional advice
on the particular facts and circumstances at issue.
References in the ADVISOR Center to specific securities should not be construed
as particularized investment advice or as recommendations that you or any investors
purchase or sell these securities on their own account. Some information contained
in the ADVISOR Center has been obtained from sources believed to be reliable, but
the accuracy and/or completeness of any Content cannot be guaranteed. Any transactional
detail respecting any client account accessed through the ADVISOR Center does not
supersede your normal trade confirmations or statements. Nothing in the ADVISOR
Center may be relied upon for tax purposes.
Not every client's account on Advisortrax.com will have the exact same characteristics.
The actual characteristics with respect to any particular client account will vary
based on a number of factors including but not limited to: (i) the size of the account;
(ii) investment restrictions applicable to the account, if any; and (iii) market
demands at the time of investment. VPI reserves the right to modify its current
investment strategies and techniques based on changing market dynamics or client
needs.
- Limitation of Liability: VPI specifically disclaims any liability (whether based
in contract, tort, strict liability or otherwise) for any direct, indirect, incidental,
consequential, or special damages arising out of or in any way connected with access
to or use of the ADVISOR Center, (even if VPI has been advised of the possibility
of such damages), including without limitation, liability associated with any viruses
which may infect a user's computer equipment or any other computer security breaches.
- Laws and Regulations: Your access to and use of the ADVISOR Center is subject to
all applicable federal, provincial and local laws and regulations as well as all
applicable foreign laws and regulations.
- Changes to Rules and Regulations: We reserve the right to modify these Rules at
any time. We will post a notice at the ADVISOR Center that a change has been made,
along with the modified Rules. If any modification or addition is unacceptable to
you, you must discontinue your use of the ADVISOR Center. Your continued use of
the ADVISOR Center will mean that you have accepted your use of the ADVISOR Center
in accordance with the modified Rules.
- Violation of Rules and Regulations: VPI reserves the right to seek all remedies
available at law and in equity for violations of these Rules, including the right
to block access in any way it deems appropriate including, without limitation, by
blocking access from a particular Internet address to the ADVISOR Center or by any
particular person.
- Copyright and Trademark Protection: The trademarks, logos and service marks displayed
on the ADVISOR Center ("Marks") are the property of VPI and other parties. You are
prohibited from using any Marks without the written permission of VPI or such third
party that may own the Marks. You agree and acknowledge that the Marketing Materials,
New Account Documentation and all other Content is protected by copyright, trademark,
data protection, privacy and other proprietary and personal rights law. VPI and
its licensors retain full and complete title and ownership, and all intellectual
property and other rights in, all Information. You are prohibited from modifying,
copying, distributing, transmitting, displaying, publishing, selling, licensing,
creating derivative works or using any of the Marketing Materials, New Account Documentation,
Client Information and/or other Content for commercial or public purposes not expressly
authorized herein.
Last updated: October 2005
Copyright © 2011 Value Partners Investments Inc. ALL RIGHTS RESERVED.
By clicking on "I AGREE" above, you indicate your acknowledgment and acceptance of these terms and conditions.