PASCAL FINANCIAL WEBSITE TERMS OF USE

Pascal Financial Inc. (“Company”) maintains the Company website (the “Website”) which has been designed and intended to provide general information about the Company products and services and the services of its affiliated companies and is neither an offer to sell nor a solicitation of an offer to purchase any security and may not be relied upon for investment purposes. Any commentaries and information contained in the Website should not be considered personal investment advice.

Review these and Terms of Use carefully before using the Website. By using and or visiting the Website, you signify your assent to both these Terms and the Company Privacy Statement. If you do not agree to these terms, do not use this website.

Scope of Terms

These Terms of Use are applicable to the Website. The Terms of Use also apply to all resources and materials provided through the Website whether hosted by Company or a third party.

Company, and its affiliated companies, may provide specific Terms of Use, Privacy Statements, and Notices for other software, applications, and services. When you use the Company analytics tools and communications platform, use of such software and services is governed by the specific Terms of Use for those services.

Use Terms

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from violating, or attempting to violate the security or availability of this Website.

In using this Website, you agree not to:

  1. circumvent or attempt to circumvent any security measures of the Website;

  1. attempt to obtain personal information, or collect information about users of the Website;

  1. reverse engineer or otherwise attempting to discover the source code of any portion of the Website;

  1. interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) interfering with or disrupting any network, equipment, or server;

  1. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

  1. post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

  1. manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; or

  1. violate any applicable laws or regulations or these Terms of Use

Privacy and Personal Information

Company’s Website Privacy Policy (the “Privacy Policy”), as it may change from time to time, is a part of these Terms of Use and is incorporated herein by this reference. Company reserves the right to use and disclose your information in the manner consistent with the Privacy Statement.

Disclaimers

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

Information on the Website is not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard. Please consult with your professional advisor with respect to your particular circumstances.

Company makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. Company makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE COMPANY WEBSITES. COMPANY EXPRESSLY 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 WEBSITES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITES, THE INABILITY TO USE THE WEBSITES OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITES.

Indemnification

You agree to indemnify and hold harmless the Company and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this Website.

Termination of Use

If you violate any provision of these Terms of Use, your permission from us to use the Website will terminate automatically. In addition, Company may in its sole discretion terminate your access to the Website at any time, with or without notice. You may cease use of the Website at any time.

Modification

We reserve the right to modify the Website at any time (including by limiting or discontinuing certain features of the Website) without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.

Links to Other Materials or Sites

To the extent Company provides information from, or links or references to, websites operated by third parties, Company does not monitor or investigate such websites and Company is not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites does not imply approval or endorsement of the linked website by Company. If you decide to access these third party websites, you do so at your own risk. You agree that Company has no liability for any damage or loss of any type that is a result of your use of a third party website.

Consent to Electronic Communications

By using the Website, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Privacy

The Company cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Website, you acknowledge that the Company is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to the Company's privacy policy for more information.

Intellectual Property

The contents of the Website are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Website, or any part thereof, for any purpose.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario, Canada without regard to its conflicts of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. To the fullest extent permitted by applicable law, the parties shall seek resolution exclusively through binding arbitration using a single arbitrator and the rules promulgated by a arbitration authority at the Company’s discretion. The decision of the arbitrator shall be binding on the parties and may be entered into a court of competent jurisdiction. All such arbitration shall be conducted in Toronto, Ontario. To the extent that the above mandatory arbitration clause is invalid under applicable laws, the parties hereby consent to, and hereby agree to submit to, the exclusive jurisdiction and venue in the state courts in Ontario or any federal court located therein. In any action, arbitration or proceeding to enforce or interpret these Terms of Use, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action, arbitration or proceeding and enforcing any judgment or order obtained.

Amendment

Company may revise these Terms of Use from time to time by updating this posting. You should visit this page from time to time to review the current terms.

Waiver

No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

Severability

If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

You may contact us by sending correspondence to fsaratsiotis@pascalfinancial.com.

Last Updated: 31 March 2020