Terms of Use

THESE TERMS OF USE CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE OUR LIABILITY TO YOU (“TERMS OF USE”). BY ACCESSING OR ATTEMPTING TO ACCESS THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USING THIS WEBSITE AND HAVE AGREED TO BE BOUND BY THESE TERMS AND THE SAME AS DELIVERING TO US A VALID, WRITTEN PAPER AGREEMENT ACCEPTING SAME. IF YOU DO NOT AGREE WITH THE TERMS OF USING THIS WEBSITE, YOU SHOULD NOT USE OR ATTEMPT TO USE THIS WEBSITE.

In these Terms of Use, the following terms and expressions will have the following meanings:

“Information Provider” means a third party who provides Westcourt with content for this Website.

“Website” means all webpages and files posted by Westcourt Solutions on www.westcourtsolutions.ca, or such other domain as may be determined from time to time by Westcourt.

“Westcourt”, “we”, “our”, or “us” means Westcourt Capital ULC, its affiliates, successors, and assigns.

“you” or “your” means the individual accessing and using this Website and includes any corporation, partnership, or other business entity on whose behalf such individual is accessing and using this Website.

By accessing and using this Website, you acknowledge and accept the Privacy Policy that can be found on this Website, as amended from time to time.

This Website is not intended to provide management, financial, technical, or other advice and it is not intended to be used as a substitute for specific professional advice. For clarity, the information provided on this Website is for informational and discussion purposes only and does not constitute, nor should it be construed as, and does not form the basis of an offer, solicitation, or legal agreement for the purchase or sale of securities or any interest in any fund, or to engage in any investment activity, nor does it constitute any form of investment or other advice. No such securities or interest will be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities law of such jurisdiction.

You assume all responsibility for your use or non-use of the information you obtain on this Website and you assume all responsibility for any action or inaction you may perform or refrain from performing based on the information you obtain from this Website.

All information we provide on this Website is proprietary to us or our Information Providers. Nothing in these Terms of Use or on this Website will be construed as providing you with any right, title, and interest in or to any intellectual property rights (including but not limited to copyright or trademarks) belonging to us or our Information Providers, or to grant you any licenses, whether by implication or otherwise, unless otherwise set out in these Terms of Use. Westcourt and its Information Providers reserve all intellectual property rights to content included within this Website.

No portion of the content of this Website may be copied, mirrored, reproduced, distributed, published, downloaded, posted, transmitted, or used to create derivative works based on any of the content found, accessible, or made available to you on this Website, other than for non-commercial use in any form or in any manner, without our prior written permission. Any other use or distribution of the content, in whole or in part, is prohibited without the written consent of the author.

This Website may contain text, illustrations, charts, tables, graphs, and other items that may include forward-looking statements which are based on current expectations or projections. These statements are not guarantees of future performance and involve a number of risks and uncertainties which could cause actual developments and results to differ materially from what is expressed or expected. These risks and uncertainties include but are not limited to those relating to the duration and scope of the disruptions to all business globally and locally resulting from events such as epidemics, acts of war or terrorism, disasters, etc. Past or targeted performance is not indicative of future results and therefore actual results may vary. Some investments may be restricted or illiquid, there may be no readily available market and there may be difficulty in obtaining reliable information about their value and the extent of the risks to which such investments are exposed. You are cautioned that the forward-looking statements that may be contained in this Website should not be used for purposes other than for which it is disclosed herein. Westcourt undertakes no obligation to update or revise any forward-looking statements or information, whether as a result of new information, future events, or otherwise, unless so required by applicable securities laws.

This Website may include hypothetical performance results.  Hypothetical performance results have many inherent limitations. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight and do not constitute a live track record. No representation is being made that the funds included in these hypothetical performance results will achieve returns similar to those shown.

As there is no live track record, these returns may have under- or over-compensated for the impact, if any, of certain factors, such as lack of liquidity, taxes, or the impact that material economic and market factors might have had on decision-making if investing real capital. Returns may be gross, assume original weights, and do not reflect the deduction of any advisory fees or other related fees and expenses that an investor would have paid or actually paid.

Any information regarding past performance and correlations do not indicate or imply any guarantee of future performance or correlation. In addition, investment results may vary substantially on a monthly, quarterly or annual basis. There can be no assurance that the featured investment fund’s investment objective and net target returns will be achieved or that investors will receive a return of their capital. Actual results may differ. An investor may lose all of its investment in the fund or portfolio illustrated by the hypothetical performance results.

Hypothetical performance information shown in text, illustrations, charts, tables, graphs, and other items is provided for informational and discussion purposes only and should not be considered investment advice or a recommendation to buy or sell any types of securities. The views expressed are Westcourt’s and are subject to change due to changing market and economic conditions and may not necessarily come to pass.

Where a benchmark is included, caution should be used when drawing or inferring comparisons with a benchmark as the benchmark is not intended to be comparative.

These Terms of Use shall be treated as though it were executed and performed in the Province of Ontario, Canada, and shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Further, you irrevocably submit and attorn to the exclusive jurisdiction of the courts of Toronto in the Province of Ontario for the determination of any matters under these Terms of Use.

These Terms of Use supplement, and must be read together with, any other existing and future agreements that you have with us and any additional terms, conditions, or disclaimers provided on this Website. If there is a conflict between these Terms of Use and any other agreement or terms with us, the latter will apply to the extent necessary to resolve the conflict with respect to your use of this Website.

Westcourt may change these Terms of Use from time to time by (a) a notice displayed on this Website; and/or (b) by requiring you to electronically accept the additional or amended terms and conditions at any time.

If you do not agree to a change in these Terms of Use, you must immediately stop using this Website.

If any term in these Terms of Use shall be held to be void, illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect. The use of headings and the division of these Terms of Use into articles, sections, subsections, and paragraphs, and the insertion of headings are for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms of Use. Unless the context otherwise requires, in these Terms of Use the plural shall include the singular and vice versa; words importing gender shall include all genders. No waiver by either Westcourt or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.