Disclaimer and Terms of Use

By using this site you acknowledge that it would be unreasonable to hold Frontenac Mortgage Investment Corporation liable in respect of the information on this website. While we endeavor to ensure that the information on this website is updated and correct, we do not warrant its completeness or accuracy or fitness for any purpose.

By using this website you signify that you have read, understand and agree to be bound by theTerms and Conditions, along with any exhibits, disclosures, addendum or amendments thereto, as the same may be amended or modified from time to time, and you agree that Frontenac Mortgage Investment Corporation will not be liable for any direct, indirect or consequential loss or damage arising in connection with this website, whether allegedly under tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

Important information about Frontenac Mortgage Investment Corporation, including their investment objectives and strategies, purchase options, and applicable management fees, performance fees (if any), other charges and expenses, is contained in their prospectus. Please read these documents carefully before investing. Unless noted otherwise, the indicated rates of return of shares of the Frontenac Mortgage Investment Corporation for periods greater than one year are based on historical annual compounded total returns and include changes in unit/share value and reinvestment of all distributions or dividends, but do not take into account sales, redemption, distribution or optional charges or income taxes payable by any security holder that would have reduced returns. Investments are not guaranteed and past performance may not be repeated.

This website does not constitute an offer to sell or solicitation to purchase securities, including the Frontenac Mortgage Investment Corporation.

This website, including all of its content, is the property of Frontenac Mortgage Investment Corporation, and is protected by Canadian and International copyright, trade-mark, and other applicable laws. Your use of this website does not transfer to you any ownership or their rights in this website or its content.

Non-Canadian Investors

The information contained herein does not constitute an offer or solicitation by 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 whether securities of the Frontenac Mortgage Investment Corporation referred to on this website may be lawfully sold in their jurisdiction.

 

Forward-looking Statements

Certain statements in this website are “forward-looking statements” which reflect Frontenac Mortgage Investment Corporation’s expectations regarding future growth, supply and demand of assets, any appreciation in the value of assets, results of operations, performance and business prospects and opportunities. Wherever possible, words such as “may”, “would”, “could”, “will”, “anticipate”, “believe”, “plan”, “expect”, “intend”, “estimate”, “aim”, “endeavour” and similar expressions have been used to identify these forward-looking statements. Such forward-looking statements reflect current beliefs with respect to future events and are based on information currently available. Forward-looking statements involve significant known and unknown risks, uncertainties and assumptions. A number of factors could cause actual results, performance or achievements to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking statements including, without limitation, those risks and uncertainties discussed elsewhere on this website. Should one or more of these risks or uncertainties materialize, or should assumptions underlying the forward-looking statements prove incorrect, actual results, performance or achievements could vary materially from those expressed or implied by the forward-looking statements contained in this website.

These factors should be considered carefully, and prospective investors should not place undue reliance on these forward-looking statements. Although the forward-looking statements contained on this website are based upon whatFrontenac Mortgage Investment Corporation currently believes to be reasonable assumptions, Frontenac Mortgage Investment Corporation cannot assure prospective investors that actual results, performance or achievements will be consistent with these forward-looking statements. These forward-looking statements are made as of the date of inclusion on this website, and Frontenac Mortgage Investment Corporation does not intend, nor assume any obligation, to update or revise these forward-looking statements to reflect new events or circumstances.

Information on this Website

Copyright

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist now or in the future in any part of the world. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Frontenac Mortgage Investment Corporation. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Frontenac Mortgage Investment Corporation’sor third-party’s trademarks.

You agree that you shall:

  • Not copy, reproduce, republish, upload, post, transmit, or distribute the materials from the website in any way except that you have the right to download one copy of the materials on any single computer, for your use only, provided that you keep intact all copyright, trade-mark and proprietary notices;
  • Use our website solely for lawful purposes;
  • Not create derivative works from, exploit or modify the materials in any way;
  • Not, without our prior written consent, make public use of Frontenac Mortgage Investment Corporation’s name or any of our other identifiers or advertise, promote or publicize the business relationship between you and us;
  • Not interfere with the security of, or otherwise abuse the website or any system resources, services or networks connected to or accessible through this website; and
  • Acknowledge that the unauthorized use of the materials may cause irreparable harm to Frontenac Mortgage Investment Corporationand that in the event of an unauthorized use we shall be entitled to an injunction, in addition to any other remedies available at law or in equity.

This website and its terms are governed by the laws applicable in the Province of Ontario, Canada. All disputes arising from these terms must be resolved exclusively by the courts of the Province of Ontario.

TERMS OF USE

  1. Amendments and Modifications to these Terms and Conditions. We reserve the right to amend these Terms and Conditions or modify or discontinue any portion of the services or features and functionality provided through the site, from time to time and at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the site and such changes will be effective at such time. Do not access or use the site if you do not agree to any amendments or modifications made to these Terms and Conditions.
  2. Legal Capacity. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Site in accordance with them. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Site on behalf of a corporation or other organization, you represent and warrant that you have the authority to agree to these Terms and Conditions on behalf of such corporation or organization and all references to “you” throughout these Terms and Conditions will include such corporation or organization, jointly and severally with you personally. You also represent that your access and use of the Site does not violate any applicable law, rules or regulations.
  3. License. We grant to you a non-exclusive, non-transferable, limited license only to access and use the Site, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
  4. Privacy. You acknowledge that you have read the Privacy Policy; as it may be updated from time to time (the “Privacy Policy”), which addresses how we gather, use, disclose and manage your personal information. Your access and use of the Site signify your consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
    1. No Offer. The information provided in the Site is not to be construed as an offering of products or services, a proposal or inducement to make investments or to undertake investment in securities, an inducement or a solicitation to purchase or sell securities or any other financial instrument or product, a recommendation, or all or part of a contract. The information provided in the Site is for consultation and general information purposes only and does not allow transactions of any kind to be carried out. We do not consider uses of the Site to be clients merely by their access to any of them.
    2. Suitability. Our various investment strategies and opportunities may not be suitable or appropriate for all investors. The information, opinions or estimates provided where applicable in the Site reflect the judgement of their author on the day it was drafted. They may not be deemed authoritative; nor may anyone use them as replacement for their own judgement. Information provided on the Site does not in any way constitute a recommendation that you enter into a particular transaction, nor does it constitute a representation that a particular financial investment is suitable or appropriate for you.
  1. Limitations. The access to and use of the Site depend on the Internet, including but not limited to networks, cabling, facilities and equipment that are not in our control. Accordingly, (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Site is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings.
  2. Acceptable Use and Prohibitions
    1. Lawful Use. You will ensure that while using the Siteor the Services:
      1. you will not use the Siteor the Services for any unlawful purposes, and
      2. if at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
    1. Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with your use of the Site or the Services, directly or directly do or permit any of the following:
      1. engage in behaviors that will put your personal information at unnecessary risk, such as leaving, transmitting or publishing your passwords;
      2. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that:
  1. is unauthorized or unsolicited commercial communications, chain letters, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited;
  2. transmits any software or materials that contain any virus, cancelbot, defect, date bombs, time bombs, Trojan horse, worm or other harmful, disruptive or surreptitious component;
  3. is fraudulent, libelous, defamatory, infringing, or unlawful;
  4. is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility);
  5. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
  6. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
  7. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
  8. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
  9. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Site;
  10. impersonate or falsely represent your association with any person, including a representative of us;
  11. any trade secret of any third party; or
  12. any material, no-public information about companies without the authorization to do so;
      1. use any robot, spider, webcrawler, deeplink, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the site or their contents;
      2. “frame” or “mirror” any part of the Site without our prior written authorization;
      3. modify, adapt, sub-license, copy, translate, sell, distribute reverse engineer, decompile, dissemble or exploit any portion of the Site;
      4. disrupt or threaten the integrity, operation or security of any Site, any server, computer or any Internet system;
      5. extract, gather, collect, harvest or store personal information about other users or visitors of the Site without their express consent; or
      6. conduct or allow “jailbreaking” of any device running Apple Inc.’s iOS operating system or “rooting” of ay device running Google’s Android operating system.
  1. Proprietary Rights.
    1. Content—“Content” means all materials and content, including designs, drawings, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
    2. Third-Party Content—Content accessed or available through the Site or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Site or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Site as set out in these Terms and Conditions. You acknowledge and agree that we have no responsibility for the accuracy, reliability, completeness or suitability of Third Party Content and that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content. Any links to third party sites do not imply an endorsement of such sites. We encourage you to review the terms of use and privacy policies of these third party sites prior to your use as these sites may have practices and policies which differ from the Site.
    3. Our Content—Except where expressly stated otherwise, all right, title and interest in and to the Site and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Site (collectively, “Our Content”), including the selection, compilation, collection, arrangement and assembly thereof, is fully vested in us, our licensors or our suppliers and are protected by applicable Canadian and international copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Site or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Site as set out in these Terms and Conditions. Unless otherwise expressly authorized by us in writing, you agree not to:
      1. rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
      2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law;
      3. copy, modify, republish, deep link, upload, or remove any proprietary notices or labels on or in Our Content; or
      4. allow any other person or entity to engage in any of the foregoing.
    1. Advertising—We will have the right, without notice, to insert or include advertising data into the Site, so long as doing so does not involve transmission of any of your personal information in contravention of the Privacy Policy.
    2. Public Transmission and Caching—You acknowledge and agree that the technical processing and transmission of the Sitemay involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
    3. Compliance and Complaints—We do not have any obligation (and no such obligation shall be implied) to censor or review any Third-Party Content or to monitor use of the Site. You agree that we may, without notice or liability, disclose to third parties any of your information, monitor use of the Site, and monitor, review and retain content if we believe in good faith that such activity is reasonably necessary to provide the Site to customers and our Users, ensure adherence to or enforce the terms of these Terms and Conditions, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Site by you, you acknowledge and agree that we may (but shall have no obligation), in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, or remove content from our servers.
  1. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
    1. CUSTOMER ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE SITE PROVIDED BY US IS AT YOUR OWN RISK; (ii) THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE SITE PROVIDED UNDER THESE TERMS AND CONDITIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.
    2. DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITEOR ANY OTHER SERVICES AND PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HAMRFUL COMPONENTS.
    3. NO LIABILITY—NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, DISTRIBUTORS, ADVERTISERS, SPONSORS AND AGENTS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE SITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE SITE OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
    4. APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

GENERAL TERMS

  1. Interpretation. In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
  2. Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict, withdraw or terminate any use of the Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
  3. Severability. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
  4. Limitation Period. Any cause of action you may have with respect to these Terms and Conditions the Siteor the Services must be commenced within one year after the claim or cause of action arose, or it will be barred.
  5. Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
  6. Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Site.
  7. Force Majeure. Neither party will be responsible for a failure to fulfill its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
  8. Entire Agreement. These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
  9. English Language. The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English.