Terms of Use

Return On Innovation Advisors Ltd.
Terms of Use for Website

1. General

These terms and conditions of use (the “Terms of Use“) apply to the websites located at www.roicapital.ca and www.roifund.com and all corresponding web pages and websites associated with the foregoing URLs (collectively, this “Site“) and to all products, services, information, materials, content, applications, features and functionality offered through this Site, including, without limitation advisor account access and related content and services (collectively, the “Site Services“).

The Terms of Use apply to all users of this Site (“user“, “you” or “your“) and by using this site you (i) understand, acknowledge and agree to comply with the Terms of Use existing at the time of such access and any additional terms and conditions that may be provided in connection with your use of, or access to, this Site; and (ii) represent and covenant that your use of this Site does not violate any applicable law, rule or regulation and you shall comply with these Terms of Use. Please read these Terms of Use carefully each time you access this Site. If you do not agree to and accept these Terms of Use, you are not authorized to use this Site, and you must exit this Site. This Site is made available to you by Return On Innovation Advisors Ltd. (“ROI“). References to “ROI“, “we“, “us” and “our” all refer to ROI.

2. Information Contained on this Site

The information posted on this Site does not constitute a solicitation or offer by ROI to buy or sell products or services of any kind whatsoever including without limitation securities or any other financial instrument of any of the funds managed by ROI or listed on this Site (collectively, the “ROI Funds“) or of any other issuer.

The information and materials on this Site (the “Site Material“) are posted for informational purposes only. The Site Material is not intended as investment, financial, legal, accounting, tax or other advice and should not be relied upon in that regard. The Site Material is meant to be reviewed in its entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.

All information herein with respect to the ROI Funds is qualified in its entirety by the more detailed information contained in each ROI Fund’s disclosure document, including their respective prospectus or offering memorandum and, in the case of the ROI Funds which are reporting issuers, by the information available under the profile of such ROI Fund on SEDAR at www.sedar.com. Each potential investor should read the disclosure document in its entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision. Investment funds are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. There is no guarantee that an investment in any of the ROI Funds will earn any positive return in the short or long term nor is there any guarantee that such funds’ investment objectives will be achieved or that the net asset value per unit or, if applicable, market price of the units, will appreciate or be preserved.

ROI updates the Site Materials regularly. However, the Site Materials are not intended to be a comprehensive review of all matters and developments concerning ROI or any of the ROI Funds and ROI does not guarantee the accuracy, currency or completeness of the Site Materials and assumes no responsibility in this regard.

3. Foreign Investors

ROI products and services are only offered in jurisdictions where they may be lawfully offered for sale. Prospective investors who are not resident in Canada should consult with their advisor to determine if the ROI Funds may be lawfully sold in their jurisdiction. Many of the products described on this Site are qualified for sale only to residents of Canada through registered investment advisors.

4. Forward-looking information

Certain statements included on this Site constitute forward-looking statements, including, but not limited to, those identified by the expressions “expect”, “intend”, “believe”, “should”, “may” and similar expressions to the extent they relate to the ROI investment funds. The forward-looking statements are not historical facts but reflect ROI’s current expectations regarding future results or events. These forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. Although when making a forward-looking statement, ROI believes that the assumptions inherent in this statement are reasonable, forward-looking statements are not guarantees of future performance and, accordingly, readers are cautioned not to place undue reliance on such statements due to the inherent uncertainty therein. Such statements are intended to provide useful information with respect to the future operation and financial performance of ROI or certain ROI Funds, and users are cautioned that the information may not be appropriate for other purposes. ROI undertakes no obligation to update publicly or otherwise revise any forward-looking statement or information whether as a result of new information, future events or other such factors which affect this information, except as required by law.

5. Third-Party Websites or Links

This Site may provide links to external websites which are provided as a convenience. ROI does not monitor content on third-party websites, nor does it endorse any opinions or information situated on these websites or the organizations which own such sites. Use of any website links provided as a reference or internet resource on this Site is at your own risk and is subject to the terms of use of those websites, ROI will not be held responsible for your use of such links or the websites they link to. Links to other websites are provided as a reference to help you identify and locate other internet resources that may be of interest. These other websites are independently developed by other parties and we do not assume responsibility for the accuracy, completeness, timeliness or appropriateness of the information contained. The existence of a link to or from any organization’s website to this Site does not imply that we endorse the activities or views of that organization or content of such organization’s website.

6. Modification

We may revise these Terms of Use from time to time and without notice the revised Terms of Use will take effect as of the date of posting. The Site Materials are subject to change and periodic revision at any time without notice. Continued access or use of this Site following the posted changes will mean that you agree to any changes.

7. Proprietary Rights

All copyrights, design rights, trademarks and other proprietary rights within this Site (“Rights“) are the property of their respective owners. Express written consent must be granted from the owner of any Rights before such Rights can be used by the user for any purpose. Your use of any such property is at your own risk.

8. Limitation of Liability and Indemnity

THIS SITE, ALL SITE SERVICES AND ALL SITE MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THIS SITE WILL BE AVAILABLE FOR USE, THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED FROM THIS SITE OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM IN CONNECTION WITH YOUR ACCESS AND USE OF THIS SITE. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, ALL SITE SERVICES AND ALL SITE MATERIALS ARE HEREBY DISCLAIMED.

You agree to defend, indemnify and hold ROI, the ROI Funds and their respective partners, members, contributors, organizers, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers (collectively, the “ROI Indemnitees“) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this Site or (b) your breach or violation these Terms of Use. ROI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROI AND THE ROI INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS SITE, THE SITE MATERIAL, THE SITE SERVICES, THE USE OF THIS SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

9. User Information

Any personally identifiable information you transmit or upload to this Site will be treated by ROI in accordance with its Privacy Policy.

10. Terms of Business Proposal Submission

To the extent you submit anything to ROI through this Site, you agree that: (1) your submissions and their contents will automatically become the property of ROI, without any compensation to you; (2) ROI may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for ROI to review the submission; and (4) there is no obligation to keep any submissions confidential (except to the extent that they contain personally identifiable information per section 9).

11. Termination

We may terminate your use of this Site for any reason, in our sole discretion, with or without notice to you. You also agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms of Use and the Privacy Policy, including, without limitation, all disclaimers of warranties and limitations of liability listed herein shall survive any such termination.

12. General

These Terms of Use set forth the entire understanding and agreement between us and you with respect to your use of this Site. These Terms of Use and your use of this Site is governed by, construed and enforced in accordance with the laws of the province of Ontario, and the laws of Canada applicable therein. The parties irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario located in the City of Toronto.

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by ROI without restriction and without notice to you.

This Site may be used only by persons who can form legally binding contracts under applicable law. This Site may not be used by persons in jurisdictions where access to or use of this website or any part of it may be illegal or prohibited.

Our waiver of a breach of any provision of these Terms of Use shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability and the remaining provisions shall continue in full force and effect.