EMJ Capital Legal Disclosure

Legal Notices

General Disclosure:

MANAGEMENT FEES, PERFORMANCE FEES AND EXPENSES ALL MAY BE ASSOCIATED WITH ANY SECURITY OR INVESTMENT STRATEGY (“STRATEGY”). THE PAST PERFORMANCE OF A SECURITY OR STRATEGY IS NOT AN INDICATOR OF FUTURE PERFORMANCE, AND PAST PERFORMANCE MAY NOT BE REPEATED. Like all investments, the value of the investments referred to herein will change from day to day, reflecting changes in interest rates, economic conditions, and market and company news.  As a result, the value of an investment may go up and down.

The material posted on, or made available through, this website (the “Material”) is for discussion purposes only and is not to be construed as an offering of any securities, a recommendation or a solicitation of an offer to buy or sell, any security, investment or other financial product, nor does it constitute a general solicitation, general advertising, or direct selling effort in any jurisdiction in Canada or any jurisdiction outside Canada, or under the Securities Act of 1933 of the United States; nor should not be relied upon as investment, financial, legal, tax or other advice. Unless otherwise indicated, disclosed rates of return for any Strategy are historical total returns during the relevant periods and assume reinvestment of all dividends. Returns are net of fees but do not take into withdrawal charges or income taxes payable by any investor in any Strategy, which may reduce the return.

EMJ Capital’s products and services are not being offered in the United States or to U.S. persons by way of the Material and may only be offered in the United States or to U.S. persons pursuant to applicable U.S. laws.

EMJ’s products and services are not being offered to persons residing in other jurisdictions outside of   Canada or the U.S. by way of this document and may only be offered in those other jurisdictions pursuant to applicable jurisdictional laws. 

Social Media Disclaimer

The Material posted on this website and on social media posts are not intended to be relied upon as a forecast, research or investment advice, and are not a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. The views expressed are the opinions of the author and are provided as a general source of information based on information available as of the date of publication. The information and opinions posted on this website and social media are deemed by the author to be reliable as at the date of publication; however, accuracy and completeness cannot be guaranteed. No warranty of accuracy or reliability is given and no responsibility arising in any other way for errors and omissions (including responsibility to any person by reason of negligence) is accepted by EMJ Capital Ltd., its officers, employees or agents.

The social media platforms are operated by EMJ Capital Ltd.  LinkedIn, Facebook, Twitter, YouTube, Instagram and TikTok are owned by third parties unaffiliated with EMJ Capital Ltd.  EMJ Capital Ltd is not responsible for the privacy or security policies on these sites or other third-party sites that may be linked by this page other pages on LinkedIn, Facebook, Twitter, YouTube, Instagram and TikTok.  We urge you to review the privacy and other policies of each website that you visit.

EMJ Capital does not endorse and is not responsible for any ads that LinkedIn, Facebook, Twitter, YouTube, Instagram and TikTok may place on this page of the content, products, advice, opinions, recommendations or other material of third-party sites or other pages on Linkedin, Facebook, Twitter, YouTube, Instagram and TikTok.

EMJ’S AI/ML MODEL DRIVEN PROPRIETARY STRATEGY

The AI/ML Model Driven proprietary strategy is considered by EMJ to be an AI/ML investment tool, used in part in EMJ’s investment strategy. Although use of the AI/ML Investment Tool, as part of the investment process, is generally considered positive it will also introduce unique risks. The investment ideas generated by the AI/ML Investment Tool will be reliant on the data inputs considered by the AI/ML Investment Tool.  In the event that data analyzed by the AI/ML Investment Tools is not reliable, is misleading or incomplete, such may impact the investment ideas provided by the AI/ML Investment Tool. The AI/ML Investment Tool will depend heavily on the accuracy and reliability of the data inputs it uses to assess issuers and securities and provide investment ideas.  EMJ will review all investment ideas generated by the AI/ML Investment Tool and make the final investment decisions.

Forward-looking statements

Certain statements on the Website are forward-looking. Forward-looking statements are statements that are predictive in nature, depend upon or refer to future events or conditions, or that include words such as “may,” “will,” “should,” “could,” “expect,” “anticipate,” “intend,” “plan,” “believe,” or “estimate,” or other similar expressions. Statements that look forward in time or include anything other than historical information are subject to risks and uncertainties, and actual results, actions or events could differ materially from those set forth in the forward-looking statements. Forward-looking statements are not guarantees of future performance and are by their nature based on numerous assumptions. Although the forward-looking statements contained on the Website are based upon what EMJ and the portfolio manager believe to be reasonable assumptions, neither EMJ nor the portfolio manager can assure that actual results will be consistent with these forward-looking statements. The reader is cautioned to consider the forward-looking statements carefully and not to place undue reliance on forward-looking statements. Unless required by applicable law, it is not undertaken, and specifically disclaimed that there is any intention or obligation to update or revise forward-looking statements, whether as a result of new information, future events or otherwise.

The forward-looking information contained on this Website is current only as of the date the statement was made. There should not be an expectation that such information will in all circumstances be updated, supplemented or revised whether as a result of new information, changing circumstances, future events or otherwise.

Forward-looking statements are neither historical facts nor assurances of future performance. Instead, they are based only on our current beliefs, expectations and assumptions. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. Actual results and financial performance may differ materially from those indicated in the forward-looking statements. Therefore, you should not rely on any of these forward-looking statements when making investment decisions.

EMJ Capital Inc’s commentary is intended for informational purposes only and it does not constitute investment advice or an endorsement or recommendation of any entity or security discussed or a solicitation to purchase any product managed by EMJ Capital Ltd.  The opinions, any forward-looking statements are solely those of the Portfolio Manager at the current date, are subject to change without notice and are not guarantees of future performance or events and involve risks and uncertainties.  Actual results may differ.

UN SDG/Awards/Affiliations/Professional Associations

 References made to awards/industry affiliations/professional associations are not an endorsement by any third party to invest with EMJ and are not indicative of future performance. Investors should not rely on awards for any purpose and should conduct their own review prior to investing.

NTR: Awards/Rankings

References made to awards/rankings are not an endorsement by any third party to invest with Blue Torch Capital LP and are not indicative of future performance. Investors should not rely on awards/rankings for any purpose and should conduct their own review prior to investing.

External Sources

Certain information contained herein has been obtained from third-party sources.  Although EMJ believes the information from such sources to be reliable, EMJ makes no representation as to its accuracy or completeness.

EMJ Capital Ltd.

EMJ Capital Ltd. (“EMJ”) is registered with the Ontario Securities Commission as a Restricted Portfolio Manager, Exempt Market Dealer and Investment Fund Manager. EMJ is also registered as an Exempt Market Dealer in British Columbia and Alberta. In Canada EMJ advises on separately managed accounts for sophisticated “accredited investors” who qualify as “permitted clients”, as defined in National Instrument 31-103.

In the U.S., EMJ is classified as an “exempt reporting adviser” in reliance upon the “private fund adviser exemption” adopted by the U.S. Securities Exchange Commission (the “SEC”) under Section 203(m) of the U.S. Investment Advisers Act of 1940, as amended (the “Advisers Act”).    EMJ is only permitted to deal with accredited investors, as defined in Rule 501 of Regulation D who qualify as “qualified purchasers”, where a substantive pre-existing relationship may be deemed to exist.

Individuals who invest in prospectus-exempt products should be aware that all prospectus-exempt products involve significant risks and such individuals could lose their entire investment.

Contact:  Eric Jackson Founder and President (416) 897-9263

Email:  info@emjcapital.ltd 

Terms of Use

These website terms and conditions of use for www.emjcapital.ltd constitute a legal agreement and are entered into by and between you and EMJ Capital Ltd. (”EMJ,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through www.emjcapital.ltd (the “Website”).

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with EMJ and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices or policies. Any disclaimers, restrictions, or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

EMJ products and services are only offered in jurisdictions where they may be lawfully offered for sale. All products and services are subject to terms of each and every applicable agreement. It is important to note that not all products, services and information are available in all jurisdictions outside Canada. This Website should not be considered an offer to sell or solicitation to buy any investment fund or other product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot be legally made or to any person to whom it is unlawful to make an offer or solicitation. Prospective investors who are not resident in Canada should consult with their financial advisor to determine whether these products and services may be lawfully sold in their jurisdiction.

Information provided on this website (the “Information”) is intended for informational purposes only and should not be considered investment, financial, legal, tax or accounting advice, and should not be relied upon in that regard. Many factors unknown to EMJ may affect the applicability of any statement or comment made on this website to your particular circumstances. You should not rely on the Information for investment, financial, legal, tax or accounting advice. You should directly consult your financial professional or other advisors before acting on any Information. Information on this website is being provided with the understanding that EMJ is not acting in a fiduciary capacity.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Privacy

Your access to and use of the Website constitutes your consent to certain personal information being collected, held, used and disclosed by EMJ in the ways and for the purposes identified in these Terms and Conditions. and in EMJ’s Privacy Policy. If you do not agree to EMJ’s Privacy Policy you must not access or use the Website.

Any provision of registration information and any submissions you make to the Website through any functionality such as applications, chart rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitute your consent to all actions EMJ takes with respect to such information consistent with EMJ’s Privacy Policy.

The contents of any chat session on the Website are intended for informational purposes only and not to be used or construed as an endorsement or recommendation of any entity or security discussed. The information in a chat session should not be construed as investment, tax, legal or accounting advice, and should not be relied upon in that regard. Individuals should seek the advice of professionals, as appropriate, regarding any particular investment. Investors should consult their professional advisors prior to implementing any changes to their investment strategies.

To the extent that, within a chat session, you provide us with personal information of another individual, you represent that you have the authority and/or have obtained all necessary consents from such individual to enable us to collect, use and disclose such personal information for the purposes identified in EMJ’s Privacy Policy and as permitted or required by law. By accepting personal information from EMJ or its affiliates, service providers and agents, you agree to comply with the respective obligations under applicable data and privacy protection laws, codes of practice and other legal and regulatory obligations.

Your Use of the Website and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by EMJ, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Certain names, logos, product and service names, designs, images and slogans are trademarks of EMJ or its affiliates or licensors. You must not use such marks without the prior written permission of EMJ. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices or policies thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
3. one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
4. in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by EMJ. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or EMJ’s Privacy Policy.

In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in EMJ’s sole discretion.

Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.

Involve, provide or contribute any false, inaccurate or misleading information.

Impersonate or attempt to impersonate EMJ, a EMJ employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm EMJ or users of the Website or expose them to liability.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

Site Monitoring and Enforcement, Suspension and Termination

EMJ has the right, without provision of notice to:

Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.

1. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions site content standards or Terms and Conditions.
2. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
3. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS EMJ AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY EMJ AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER EMJ OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither EMJ nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by EMJ, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of EMJ. Neither EMJ nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions site content standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Complete confidentiality and security is not yet possible over the Internet. Linking to any other site is at your own risk, and EMJ will not be responsible or liable for any damages in connection with linking.

Geographic Restrictions

The owner of the Website is based in Ontario, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER EMJ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER EMJ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL EMJ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EMJ, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and EMJ’s Privacy Policy constitute the sole and entire agreement between you and EMJ regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This website is operated by:

EMJ Capital Ltd.
18 King Street East,

Suite 1400
Toronto, Ontario M5C 1C4 Canada

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to EMJ.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to our Contact Us page.

Currency Date: October 2023