Disclosures

Terms of Use Agreement

This Terms of Use Agreement is a binding contract between you and Fiduciary Trust Company of Canada and/or FTC Investor Services Inc. (collectively “FTC”). It governs your use of this website and all products, services, content, tools and information available through the website. Some website features discussed in these Terms of Use may not be available to all users. By using or accessing this website, you accept and agree to be bound by the Terms of Use. If you do not agree with the terms and conditions of the Terms of Use Agreement, you are not granted permission to access or otherwise use this website.

These Terms of Use were last amended as of November 1, 2019.

Acceptance of the Terms of Use and any Amendments

This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under which you may use the websites located at www.ftcinvestorservices.ca (the “ISI Portal”) and www.fiduciarytrust.ca (the “FTCC Portal”), and all products, services, content, tools, and information available through the websites, including the Portal described below (referred to collectively as the “Site” or the “Site Content”). Please read the Terms of Use carefully. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use.

The Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements, and any other agreements that govern your use of FTC’s or any third party’s (companies not affiliated with us) products, services, content, tools, and information available on this Site.

Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. We reserve the right to change the Site and the Terms of Use at any time, without notice. The date of any amendment will be shown in the Table of Contents. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended.

Site Sponsor

This Site is provided as a service, and for informational purposes only, by FTC and/or its affiliates that are part of the Franklin Templeton Investments corporate group of companies (collectively, “Franklin Templeton” or “Franklin Templeton Investments”).

FTC is a wholly-owned subsidiary of Franklin Templeton Investments Corp., an indirect wholly owned subsidiary of Franklin Resources, Inc. [NYSE: BEN], which is a global investment organization.

Information for Non-Canadian Investors

This Site is intended for residents of Canada only. If you do not reside in Canada, please visit our international websites link for assistance with products and services legally available in your place of residence.

Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.

Authorized Use and Users

Canadian resident use only. This Site is intended for residents of Canada only. If you choose to access this Site from locations outside of Canada, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws.

No solicitations. Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.

No investment recommendations or professional advice; use of tools. This Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. While certain tools available on the Site may provide the ability to acquire or dispose of investments or securities, or general investment or financial analyses based upon your personalized input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives.

Prohibited Uses and Means of Access

Prohibited Uses. Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any Franklin Templeton server, or any network connected to any Franklin Templeton server. You may not use the Site in any manner that would interfere with any other party’s use of the Site.

Means of Access. The Site is generally intended to be viewed by modern, internet-enabled devices. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved by us.

Password protected areas. Access to and use of password-protected and/or secure areas of the Site are restricted to authorized users only. You may not obtain or attempt to obtain unauthorized access to such parts of our Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

Use of the Portal

We may make available to you our online, password-protected client centre (the “Portal”) provided by FTC through a secure Internet site for your customer accounts (each, an “Account”). The Portal provides you with online access to your Account, and the alerts, information and documents relating to your Account sent to you by FTC (including monthly, quarterly and annual account statements, confirmations, reports and notices required to be sent to you in accordance with your customer and account agreements or applicable law) (collectively, “Account Information”). You may also conduct various transactions through the Portal for the acquisition or disposal of an investment or security (each, a “Transaction”).

To use the Portal, the following terms apply (as amended from time to time). The provisions of the Terms of Use relating to the Portal are in addition to and not in substitution for any other present or future customer account agreements between you and us, including the balance of the Terms of Use.

Credentials and Security. Your account number or name, and personal password or security code or the personal password or security code assigned to you in connection with the Portal, as may be changed by you from time to time (collectively, “Credentials”) may be used to access the Portal and Account Information, and conduct Transactions. You agree to keep your Credentials confidential. You agree not to disclose your Credentials to any person and keep it separate from any other information which you will receive or which you already possess concerning the Portal. You are solely responsible for maintaining the security of your Credentials and ensuring that it is used for yourself only. In the event of loss, theft, misuse or compromise of your Credentials, you must notify FTC within a reasonable time. FTC is not responsible for unauthorized access to accounts online or losses that occur as a result of you voluntarily disclosing your Credentials, or the careless or improper handling, storing or disclosure by you of the Credentials.

Conducting Transactions on the Portal. You hereby authorize us to accept all Transactions for your Account using the Portal and you agree to be solely responsible for the accuracy of any instructions given by you using the Portal. You agree that all Transactions will only be processed if your Account is in good order and you have sufficient funds to complete the Transaction ordered. In certain circumstances, we may request additional confirmation of any Transaction before execution of same.

You understand that all Transactions made for your Account will be subject to standard industry practices, the purchase and redemption requirements of the applicable fund and, if applicable, the rules governing the exchanges or markets and clearing houses where the orders are executed, and you agree to comply with these requirements.

You understand that execution of any Transaction is subject to our prior verification and approval and that FTC has the right to reject, change or remove any order entered by you or to cancel any Transaction resulting from an order entered by you.

You agree to accept responsibility for any loss caused through the submission of a Transaction using the Portal. You acknowledge that for mutual protection, FTC will record all Transaction instructions from you through the Portal.

We may, at our sole discretion, act upon all instructions given or purported to be given by you or on your behalf in respect of a Transaction using the Portal and we shall not incur any liability by reason of acting or failing to act due to an error in such Transaction.

Please note that that the FTCC Portal does not include any capacity for Transactions, and the terms above relating to Transactions do not apply.

Changes to the Portal. We have the right at any time to change or discontinue any aspect or feature of the Portal, including, but not limited to, content, Account Information, data sources, hours of availability, and equipment needed for access or use. You also agree that the Portal may periodically be unavailable to you in order to allow for maintenance and updates. You agree that we may suspend or terminate your access to the Portal for any reason and without prior notice to you.

Suspension and Termination. We may without notice temporarily suspend your access to the Portal by deactivating your Credentials if we reasonably suspect that you are using the Credentials to obtain unauthorized access to Account Information or our other systems or accounts, or are using the Credentials or the Portal in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. We may terminate your Portal access or immediately without notice if we determine to our satisfaction that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Electronic Communications. The following terms apply where you have consented to electronic delivery of Account Information via the Portal.

Any notice or communication, including all Account Information, will be delivered to you by making electronic versions available to you on the Portal. Account Information will be deemed to be delivered to you for your Account via the Portal, whether or not you elect to open the documents. It is your responsibility to visit the Portal on a regular basis (at least monthly) to read Account Information, and you will immediately contact the FTCC Client Services Team, or ISI Client Services Team, as applicable, at the contact information listed at the end of the Terms of Use, if you are unable to access the Portal or if you are unable to access, read, download or print your Account Information.

We will send a notice to your email account associated with the Portal (“Email Account”) advising you that certain Account Information has been posted to the Portal (each, a “Notification”). You will ensure that your Email Account is and remains at all times operational and able to receive Notifications and other communications from FTC, and you will immediately inform us of any changes to your email address by contacting the FTCC Client Services Team, or ISI Client Services Team, as applicable, at the contact information listed at the end of the Terms of Use. You agree you have received the Notification when it is posted to the Portal, regardless of whether your Email Account received the Notification, is operational or accessible by you.

We are not obligated to deliver Account Information to you by any means other than making the Account Information accessible to you on the Portal. Nevertheless, we may in our discretion deliver Account Information and other communications to you by other means, such as by email or postal mail or facsimile transmission, to your Email Account or postal address specified for your Account.

Posting Account Information to the Portal is an electronic delivery method. Should you revoke your consent to electronic delivery, we will provide you with Account Information by our default delivery methods.

Account Information made accessible to you on the Portal will be deemed to be delivered to and received by you when they are first made accessible to you on the Portal, regardless of whether or when you actually access, read, download or print the Account Information or related Notifications. Notifications and Account Information sent to your Email Account will be deemed to be delivered to and received by you when they are sent, regardless of whether and when you actually receive, access, retrieve, or read the Notifications and Account Information.

Your Account Information, other than alerts and notices, will be available on the Portal for a period of up to 12 months after first being published.

You hereby agree that Portal and the Email Account have been furnished for the purpose of receiving electronic versions of Account Information and Notifications. All Account Information and Notifications delivered or deemed to be delivered to you as set forth above will constitute original, written documents signed by FTC for the purposes of all applicable laws. In any legal proceedings, our records will be conclusive proof, in the absence of evidence to the contrary, of the date on which: (i) Account Information was first made accessible to you on the Portal; (ii) you accessed the Portal or particular Account Information; and (iii) email messages and attachments (including Notifications and other documents and information) were sent to your Email Account.

Access Records. You agree that FTC will maintain records of electronic access to your Accounts, including, but not limited to, login and logoff times and dates, and confirmation of trading instructions received.

Third Party Software. From time to time, we may make third party software available for your convenience only. We assume no responsibility for the operation of the software or the accuracy or completeness of the data produced. We shall only be liable for the accuracy of the Account Information. The data produced by any third party software may not be suitable for income tax or other reporting purposes, and its use is entirely at the discretion of the user.

Data Providers. Certain data, such as securities, market or other data, provided through the Portal may be independently obtained from various third party data providers through the FTCC Portal (“Data Providers”) through sources believed to be reliable. FTC and the Data Providers do not guarantee the timeliness, sequence, accuracy and completeness of any market data or other information or messages that they disseminate. Neither FTC nor any Data Provider shall be liable in any way to you or any other person for: (a) any inaccuracy, error or delay, or omission of, (i) any such data, information or message; or (ii) the transmission or delivery of any such data, information or message; or (b) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission or by reason of non-performance, or of interruption in any such data, information or message, either due to any negligent act or omission by any disseminating party or due to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, dispute, accident, communications or power failure, equipment or software malfunctions) or any cause beyond the reasonable control of any disseminating party.

You agree that neither FTC nor the Data Providers shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of any data, or for any decision made or action taken by you in reliance upon the data or Portal, or for interruption of any data, information or aspect of the Portal. We will not be responsible for any loss, damage or personal injury suffered by any person by reason of any act or omission in the course of or in connection with the operation of the Portal or any device accessing the Portal by you.

The securities and market data provided through the Portal is proprietary to the Data Providers. By using the Portal, you agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the data in any manner or furnish it to any other person without the express written consent of FTC and the relevant Data Providers. You will use such data only for your individual use.

The provisions of the Terms of Use relating to the Portal confer certain rights upon the Data Providers. The Data Providers may enforce those rights against you by legal proceedings or other appropriate means.

Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring

Privacy policy. Please see our Privacy Policy for a summary of the personal information that we may collect and maintain about current or former investors, customers or potential customers; our policy regarding the use of that information; and the measures we take to safeguard the information.

Personal Information Transmission. Your use of the Site may involve the transmission of information, including personal information, about you. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the Site. 

Unsolicited communications. We welcome your feedback about this Site and may use it to improve the Site. Should you provide unsolicited ideas, or material of any kind (“Communications”) and we use it to develop or market products, services, content, tools or information, you agree that we can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.

Technically this means that you hereby grant FTC a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast, or post you’re Communications either on the Site or elsewhere with no liability or obligation to you. FTC is free to use any ideas, concepts, know-how, or techniques obtained in your unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless we state otherwise on the Site or in our Privacy Policy, any Communications that you email or otherwise transmit through the Site can be treated by us as non-confidential and non-proprietary.

Usage monitoring. We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your Communications. By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with the Terms of Use, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your Site usage and enforce, or fail to enforce, the Terms of Use. You further agree that in no event will FTC be liable for any damages incurred by you as a result of our usage monitoring.

Copyright, Trademark and other Intellectual Property Rights

You acknowledge that this Site is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, except as explicitly authorized below or by us in writing.

Permitted uses. FTC grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which you are a user, for your personal and non-commercial use only (the “Permitted Uses”). You agree to use the Site only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses. No other use of the Site is authorized unless you and we have agreed otherwise in writing.

You may print copies of the Site’s Content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal disclaimers furnished in the footnotes or under “Important Legal Information” as shown on the screen or through a link. Limited linking to the Site is permitted if done in full compliance with all applicable laws, the Terms of Use, our Linking Policy and our Logo Use Policy.

Prohibited uses. You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without our written approval. Any modification or unauthorized use is a violation of FTC’s copyrights and other proprietary rights.

Trademarks and copyrights. Franklin Templeton’s trademarks are listed in Franklin Templeton Trademarks. Other company product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any of the Franklin Templeton Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of FTC, Franklin Templeton and/or the owner(s) of such other trademarks. All goodwill generated from the use of the Franklin Templeton Trademarks on any website will inure to our benefit.

The Site also contains text, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws (collectively, the “Proprietary Material”), owned by FTC or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of FTC and/or the relevant rights holder in writing.

Copyright Policy and Claims Procedure. We reserve the right to remove from our Site, any content that is alleged to infringe someone’s copyright. If you reasonably believe that your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please follow this procedure:

Please provide FTC’s Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  • An identification and a description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on the copyright owner’s behalf.

FTC’s Copyright Agent for Notice of claims of copyright infringement on its Site can be reached as follows:

  • Name: Brad Beuttenmiller
  • By mail: FTC Investor Services Inc., 200 King Street West, Suite 1500, Toronto, Ontario, M5H 3T4

Linking and Logo Use Policies. Use of FTC logos or creating hyperlinks to our website is prohibited unless authorized by us in writing. You may, however, create a link to our website that includes our logo as long as you accept and follow our Linking Policy and Logo Use Policy and such link, including logo, is for your personal and non-commercial use ( unless we have agreed to other terms in writing).

We are granting a limited, revocable and nonexclusive right to create a hyperlink to this Site under these policies, and we may revise the Linking or the Logo Use Policies, or withdraw these permissions or your permission at any time, without prior notice.

Linking Policy

To be an authorized link, a website that links to this Site:
  1. May link only to:
    • the home page of FTC public site
  2. Must clearly show that the link is to the website of “Fiduciary Trust Company of Canada.”
  3. May link to, but not replicate, the FTC Site, in whole or in part, and the link must maintain the integrity of our layout, “look and feel,” and Site Content.
  4. Must not “frame” or create a browser or border environment or advertising around any FTC Site Content.
  5. Must not misrepresent its relationship with FTC (including suggesting that FTC is sponsoring, endorsing, or affiliated with it or its products and services).
  6. Must not present false information about or disparage, FTC, its products or services, or otherwise tarnish or diminish the goodwill in its name.
  7. Must not contain content that could be construed as illegal, distasteful, offensive or controversial, and should contain only content that is appropriate for all its authorized users.
  8. Must only use the FTC logo with written permission or in compliance with these Policies.
  9. The following sentences about FTC’s websites may be used on your website in connection with the authorized link. If used, it must not be altered in any way:
    • Public site link:
      "Visit fiduciarytrust.ca, home of Fiduciary Trust Company of Canada."
  10. The link must be a Permitted Use (see Copyright, Trademark and other Intellectual Property Rights) and comply with all applicable laws and our website’s Terms of Use.

Logo Use Policy: An FTC logo used by a third party on the Internet in connection with an Authorized Link:

  • Must be used solely for the purpose of providing an Authorized Link to the site.
  • Must be the FTC logo approved for this purpose, and provided below in this section.
  • Must not be altered in any way.

Instructions for downloading an FTC logo in connection with an authorized link:
Highlight the image. When the menu pops up, select "Save this image as..." and save it to your desktop or other appropriate file.

Third Party Content Providers, Sites, Referrals, and Disclaimers

Conditions may apply to third party content. Some of the products, services, content, including advertisements, tools, and information available through the Site may be provided by companies that are not affiliated with FTC (“Third Party Content”) and their source is clearly identified. In some cases, the Third Party Content may be framed-in on the FTC Site or available through a link to a third party site. In the case of Third Party Content, there may be additional restrictions that apply to its use. You should be careful to examine them (for example, in accompanying statements or disclaimers or their posted terms of use) because they may be more restrictive than the restrictions FTC imposes on our own, proprietary Site Content. Third Party Content providers may have reserved a right to modify the restrictions they impose on use of their content without notice. As with our Site’s Terms of Use, use of Third Party Content after a change in the posted restrictions relating to that content will constitute acceptance of those changes.

Not responsible for Third Party Content, referrals or links to third parties or third party sites. For informational or educational purposes, or as a service and convenience to you, this Site may provide referral information, Third Party Content or live links to a regulatory agency, non-profit organization, or other unaffiliated third party and their websites, including companies that have a relationship with FTC.

Our decision to provide referral information to a third party or to pass on an offer made by a third party vendor or to provide a link from our Site to a third party site is not an endorsement of the third party, their products or services, or their website accessed through any such links. While we would generally only provide such information from, or links to, sources considered reliable, we do not have the resources to conduct independent investigations and accordingly we make no representations or warranties as to third party products, services, content, tools and information, and do not guarantee their accuracy, timeliness, completeness or usefulness. We advise and encourage you to do your own research. You will use Third Party Content only at your own risk.

Although Third Party Content may be displayed, framed-in or provided in a pop-up box on the Site, or available through a live link from our Site to a third party site, FTC does not prepare, edit, guarantee or endorse Third Party Content. By clicking on a link from our Site to any third party site, you will leave this Site (even if, for your convenience, a second browser window is opened). When viewing Third Party Content through such a link, keep in mind that the third party’s site terms and conditions, privacy and security policies, or other legal information may be different from those of FTC’s Site. We are not liable for any direct or indirect technical or system issues, consequences, or damages arising from your use of any third party website.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY, THEIR PRODUCTS OR SERVICES, THEIR WEBSITE, OR ANY CONTENT MADE AVAILABLE THROUGH SUCH THIRD PARTY SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT (OR ITS ACCURACY) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

Disclaimers

DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF FTC, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FTC PARTIES”) GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE. NONE OF THE FTC PARTIES WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE FTC PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THIS SITE. PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU. ALL OF THE FTC PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE FTC PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

You are responsible for your connectivity. You agree that you are responsible for the means you use to access the Site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.

Not responsible for third party damages. FTC also disclaims responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that FTC will not be responsible for any related damages.

No reliance on Data. Reasonable precautions have been taken to ensure that Site Content is complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including Third Party Content, we are unable to assure the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. FTC has no duty to update this Site or any Site Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.

Cautions about future or "forward-looking" statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are “forward-looking statements”. These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of FTC. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects.

Internet email. We discourage you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.

Limitation of Liability

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE FTC PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FTC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE FTC PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THE TERMS OF USE OR WITH APPLICABLE FEDERAL, PROVINCIAL AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FTC PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

As a condition of your use of the Site, you agree to make the FTC Parties and their third party providers whole for any and all claims, losses, liabilities and expenses (including but not limited to legal fees and expenses) arising from any use of the Site or your violation of the Terms of Use.

Governing Law, Forum, Severability, and Miscellaneous

Failure by FTC to enforce any provision(s) of the Terms of Use shall not be construed as a waiver of any provision or right. This Site is controlled and operated by FTC from its offices within Ontario in Canada. This Agreement will be governed and interpreted under the laws of the province of Ontario and the laws of Canada applicable therein and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

If any provision of the Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of Canada. The Terms of Use inure to the benefit of FTC, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by FTC.

This Agreement has been drafted and executed in the English language at the express request of the parties. Les parties ont exigé que le présent contrat soit rédigé en anglais.

Termination

You acknowledge and agree that FTC may restrict, suspend or terminate the Terms of Use or your access to, and use, of all or any part of Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in FTC’s absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the Site.

Portal Client Services Teams

For inquiries, requests and notifications regarding the FTCC Portal, you may contact the FTCC Client Services Team at 1-800-574-3822, or by email to ftcccs@ftcc.ca, or fax to 1-403-543-3955.

For inquiries, requests and notifications regarding the ISI Portal, you may contact the ISI Client Services Team at 1-866-310-5522, or by email to invest@ftcisi.ca, or fax to 1-800-903-1638.