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EMJ Capital Legal Disclosure

Legal Notices and Terms of Use

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 in any jurisdiction in Canada, nor should not be relied upon as investment, financial or other advice. Unless other 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.

The Material is not intended to be relied upon as a forecast, research or investment advice, and is not a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. The views expressed in this Material 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 in the Material 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.

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.

EMJ Capital Ltd.

EMJ Capital is registered with the Ontario Securities Commission as a Restricted Portfolio Manager that advises separately managed accounts for sophisticated investors who qualify as “permitted clients”.

Contact:  Eric Jackson Founder, President and Portfolio Manager, (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. 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 Notice. If you do not agree to EMJ’s Privacy Notice 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 Notice.

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 Notice 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 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:

a.    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 Notice.

b.    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.

c.     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.

d.    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.

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

f.      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).

g.    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.

h.    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.

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

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

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

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by EMJ. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions site content standards set out in these Terms and Conditions.

You understand and agree that you, not EMJ, nor EMJ’s subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

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.

  • 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.
  • 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.
  • 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 Notice 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.
1370 Don Mills Road, Suite 300
Toronto, Ontario M3B 3N7 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: March 29, 2021

 

Privacy and Security

Your Privacy

We are dedicated to respecting and protecting the privacy and confidentiality of the information you have entrusted to us. This Privacy Notice outlines our privacy principles and practices.

Scope

What is Personal Information?

Personal information refers to information that identifies you. The word “information” means personal, financial and other details about you that you, or someone you authorize, provide to us or we obtain from others within or outside the Company.

What Does It Apply to?

This Privacy Notice applies to the operations of EMJ Capital Ltd. in Canada. It applies regardless of how you choose to do business with us – over the phone, in person, through the internet, through your mobile device or through email.

Who Does It Apply to?

The Notice applies to all individuals whose personal information we collect, including clients who are individuals, individuals carrying on business alone or in partnership with other individuals, signing officers of our business clients, and beneficiaries of clients to the extent that we collect, use or disclose their personal information.

Changes to the Notice

We may amend this Notice from time to time and will post the revised Privacy Notice on our website.

Our Privacy Principles

The Privacy Notice outlines our privacy principles and informs you of the practices we have in place to manage personal information. We aim to respect and protect your privacy by following the key privacy principles below.

1. Taking Accountability

We are accountable for the personal information under our control by establishing, training our staff in, and enforcing our privacy policies and procedures to promote compliance with these privacy principles.

2. Identifying for You the Purpose for Our Collection, Use, or Disclosure

We inform you about the purposes for which we collect, use, and disclose your personal information and we collect, use, and disclose your personal information only for those purposes.

3. Obtaining Consent and Providing Choices

We obtain your consent to collect, use, or disclose personal information and you may at any time revoke that consent, subject to legal and regulatory requirements. In some cases, we may not be able to provide certain services to you if you do not consent to our collection, use or disclosure of the required information to perform those services.

4. Limiting Collection

We limit collection of your personal information to that which we determine is necessary for the purposes we identify for you.

5. Limiting Use and Disclosure

We do not use or disclose your personal information for purposes other than those for which it was collected, except with your consent or as required by law.

6. Retaining Information

We have policies in place that govern the retention of your personal information, so we keep it only for as long as reasonably necessary to fulfill its intended purpose or to satisfy legal requirements. When we no longer retain your personal information, we have procedures to destroy, delete, erase, or convert it to an anonymous form, in a manner that keeps it safe in the process.

7. Keeping Information Accurate

We maintain your personal information in as accurate, complete, and up-to-date form as is needed for its use.

8. Protecting Information

We maintain appropriate security safeguards to protect against unauthorized access, disclosure, copying, use or modification, theft, misuse, or loss of your personal information in our custody or control. These safeguards are appropriate to the sensitivity of the information.

9. Maintaining Openness

We make readily available to our clients, employees and agents information about our policies and procedures relating to our management of personal information.

10. Accessing or Correcting Information

Upon request, we will inform you of the existence, use and disclosure of your personal information and will give you access to that information, with few exceptions.

Online Privacy Policy

Scope

This Online Privacy Policy supplements the Privacy Notice and specifically addresses the way in which we collect, use, disclose, and manage personal information in connection with our online, mobile and other digital channels and services. It should be read in conjunction with the Legal Notice and Terms of Use.

Your Consent

Each time you use our online and electronic services, you are indicating your acknowledgement and consent to the collection, use and disclosure of your personal information as identified in this policy, which we may revise periodically without notice. We will let you know of any changes by posting the revised policy with a new effective date. If you do not accept the terms outlined in this policy, please do not use our online and electronic services.

What Personal Information Do We Collect

We may collect personal information when you use our websites, online and other electronic services (collectively, digital channels), including:

  • Personal information you provide like account and contact information, including your name, email address, user ID, password, and service preferences. Refer to your specific app for additional, applicable information.
  • Financial information – that you provide to us at the time of account creation of an account through our online account creation process
  • Transactional data about your use of our products and services
  • Mobile phone number
  • Devicerelated information like:
    • Internet Protocol (IP) address – An IP address is a unique set of numbers assigned by Internet Service Providers (ISP) to all devices used to access the internet. While EMJ is not able to identify an individual using the IP address alone, in certain circumstances, it could be used to identify an individual using the site.
    • Mobile country code which is a three-digit number that indicates the country in which your mobile device is registered (for example, 302 is the mobile country code for Canada)
    • Geolocation (if enabled on your device) provides the approximate physical location of your device
    • Device ID which is a unique number that identifies your device
    • Make and model of your device
    • Operating system of your device
    • Information about screen size of your device
    • Date and time of your use of our app
    • Browser data
    • Software applications data
    • Mobile device identification number (IMEI)
    • Mobile Marketing ID (if enabled) such as AAID and IDFA
  • Statistical information about how users interact with our digital channels, such as average time spent on a specific web page.
  • Website use information, such as browsing behaviour on our websites and links, location you click, form data and downloads, as well as other data gathered from the use of web tools (for example, Cookies, Web Beacons, Tagging)
  • Other information, such as any feedback you may provide us

For What Purposes Do We Use and Disclose Your Personal Information

We may use or disclose this information collected online to:

  • Verify your identity and authenticate you during online sessions
  • Provide and manage the online products and services
  • Provide you with services and offers compatible with your device and relevant to your region
  • Determine eligibility of your device
  • Protect against fraud, security threats, and otherwise manage risks
  • Communicate with you regarding products and services that may be of interest, including displaying targeted and relevant advertising, and offering you special promotions
  • Evaluate and improve our websites, online apps, and other electronic offerings
  • Tailor our services and otherwise enhance the online customer experience to better meet your needs through digital channels
  • Perform analytics and measure the effectiveness of our digital channels and services, including obtaining insight into how to improve the design, content and navigation of our digital channels
  • Satisfy legal or regulatory requirements

Use of Web Tools

We and our service providers may use various tracking tools, such as [Cookies, Pixel Tags and Web Beacons]. Through the use of cookies and other technologies, we can enhance your experience with improved design, personalized content that may be relevant to you, and effective navigation.

  • Cookies: A Cookie is a string of data containing a unique identification number that our website sends to your computer’s web browser. EMJ uses cookies and online tools, such as Google Analytics, to collect non-personal information to understand how people are using the Services and how EMJ can make them better. Most browsers and mobile devices offer their own settings to manage cookies. You can refuse or delete cookies. When you first visit our website, you will be presented with a banner which allows you to review the various category of cookies that are on our website and select which category of cookies you would like to accept. Additionally, you can refer to your browser’s online help for further instruction and information on setting Cookie preferences.

If you do not accept any category of Cookies, you may continue to browse our websites; however, please be aware that certain features of our website may not function properly without Cookies. You should note that if you would like certain services, you will be required to accept the Cookies to maintain session integrity and enhanced security. Additional resources that may assist you in managing Cookies used for advertising include the Digital Advertising Alliance (DAA): https://youradchoices.ca/.

If you refuse a cookie when using the Services, or if you delete cookies, you may experience some inconvenience in your use of the Services. For example, you may not be able to sign in and access your account, or EMJ may not be able to recognize you, your device, or your online preferences.

  • Tagging: Tagging software is customized code on our websites, designed to monitor user activity on our websites, to help us in presenting users with content relevant to their use of our website.
  • Web Beacons: Web beacons are small and transparent images embedded in web pages and e-mail communications that, when combined with Cookies, help provide us with information about the use and effectiveness of a website or e-mail communication. As an example, we may include web beacons within e-mail communications to receive confirmation of receipt of an e-mail communication or clicks on links within our websites.
  • Online Authentication Process: Upon registration for Investor Online, you will be asked to provide certain personal information and establish security questions. This information is used solely to verify your identity and will be cross-referenced against the information you provided to EMJ when you opened your account.

Your Choices

  • EMAIL COMMUNICATIONS: In order to ensure compliance with Canada’s Anti-Spam Legislation, commercial electronic messages (including email marketing) will be based on an individual’s consent. EMJ will request consent to send commercial electronic messages prior to sending commercial messages (including emails), unless we have an individual’s implied consent through a pre-existing business relationship. We provide individuals with the ability to unsubscribe from receiving promotional emails from our company, and/or Partners and Associates. Upon establishing an Investor Online account, where available, you will be asked to choose your document delivery preferences. You will be sent notification e-mails when documents are added to your Investor Online account. We will also send you e-mail alerts when you make changes on your Investor Online profile.
  • Voluntary Participation: You may choose to enter your information to participate in online surveys, feedback, contests, or other activities we sponsor. We use this information for a number of purposes, such as assessing the performance of the website, or improving products and services, or identifying products and services that might interest you. This information will be used for the purposes outlined in the Privacy Notice. If you do not want your information used for the disclosed purposes, do not participate in these voluntary activities.
  • Educational webinars: You may choose to enter your information to participate in online meetings, educational events that we sponsor. We use this information for a number of purposes, such as assessing the performance of the website, or improving products and services, or issuing continuing education credits. This information will be used for the purposes outlined in the Privacy Notice. The information you enter may be transmitted through or to our 3rd party providers of webinars. If you do not want your information used for the disclosed purposes, do not participate in these voluntary activities.

Safeguards

Our Security Measures

We take our responsibility to safeguard customer information very seriously. To protect certain communications between your computer and our servers, we use a technology solution called “Secure Sockets Layer” (SSL). SSL ensures that the information transmitted is encrypted. In addition, we use the concept of “defense in depth”, in our cybersecurity program that has many layers, from employee awareness to having firewalls at the very edge of our network.

Your Security Measures

You are responsible for ensuring the security of your unique web login ID and password. You must avoid selecting an obvious password, such as a street address, date of birth, or telephone number and to change your password on a regular basis, in order to reduce the potential for unauthorized use. Any web login ID, password, or any other piece of information chosen by you or provided to you as part of EMJ’s security procedures, must be treated as confidential and personal to you, and you must not disclose it to any other person or entity.

Do not respond to text messages, pop-ups, emails, or other internet requests that ask you to reveal personal information about yourself or your account when using the Services. EMJ will never send you unsolicited messages or emails asking for your password, credit card, account numbers, etc. EMJ will never ask you to validate or restore your account or access to the Services through unsolicited messages or emails.

Third Party Links

For your convenience, the Services may provide links or pointers to third party sites. You are subject to any terms and conditions of such third-party sites. Non-EMJ websites are not subject to EMJ’s privacy policy or security standards.

Contact Us

If you have any questions or concerns about our privacy practices, the privacy of your personal information, or you want to change your privacy preferences, please let us know. We are committed to helping resolve your questions or concerns.

Step 1: Voice your question or concern

The best way to address the concern or question is to raise it with us as soon as it comes up by contacting us at:

Current or prospective investors: 416-897-9263

Before you begin, please be ready to have any supporting documents available. Please provide us with your full name, address, telephone number, and relevant account number(s) and provide enough detail to allow us to identify the information you want. For your own security and safety, never send your account numbers, user names, passwords, or any other personal information by email. If you are not satisfied with the answer or resolution provided in Step 1, please proceed to Step 2.

Step 2: Escalate your concern to the Privacy Office

You can escalate your concern in the following ways:

1. Ask the individual you are dealing with in Step 1 to escalate on your behalf.
2. Escalate the concern directly with the Privacy Office, using the following contact information:

Chief Compliance Officer
1370 Don Mills Road, Suite 300
Toronto, Ontario M3B 3N7 Canada
info@emjcapital.ltd.

Step 3: Further Escalation

If after contacting us you do not feel that your concern has been adequately addressed, you may wish to contact:

The Office of the Privacy Commissioner of Canada
Call: 1-800-282-1376
Visit:
www.priv.gc.ca

 

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