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Terms of Use

Last updated on: May 2022

Use and Acceptance

This website ("Site"), and any information, tools and/or services offered and/or provided by BNY Mellon Asset Management Canada Ltd. and its parents, subsidiaries and affiliates (referred to collectively as “we” or “us”) through this Site (collectively "Services"), are offered to you conditioned upon your acceptance without modification of these Terms of Use.

By using this Site or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not use this Site or any Services offered or provided through this Site.

These Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements and other agreements that govern your use of Services available on the Site.

Modification

We may revise these Terms of Use from time to time by posting a revised version on this Site without notice to you. You should check these Terms of Use each time you use this Site or Services for such revisions to ensure you agree to them. By using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

Limited Audience/Information for Foreign Investors

This Site and the information contained in it is intended for the use of United States residents only, and is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would subject us to any registration or license requirement within such jurisdiction or country.

This Site and its contents are not intended, nor should be construed, as investment advice, an offer or solicitation of services or products, or an endorsement thereof in any jurisdiction.

BNY Mellon Asset Management Canada Ltd. is registered as a Portfolio Manager and Exempt Market Dealer in all provinces and territories of Canada and as an Investment Fund Manager and Commodity Trading Manager in Ontario. Affiliates of BNY Mellon Asset Management Canada Ltd. may also be registered or exempt under applicable securities law of Ontario and the securities laws of the other provinces and territories of Canada. If one of our affiliates is resident outside of Canada, there may be difficulty enforcing legal rights against our affiliate because all or substantially all of the assets of our affiliate may be situated outside of Canada.

Intellectual Property / Authorized Use

The Site and the Services contain copyrighted works, trademarks and other proprietary material owned by us or third party providers. We and our providers own all rights, title and interest in and to the Site, all the content, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, data, and materials on the Site, including all intellectual property and proprietary rights therein. You may use the material available from this Site and Services for informational purposes only. You may print copies of pages from this Site for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied.

The availability of third party material on this Site is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from this Site or Services without our express written permission or that of our third party providers, as applicable ("Permission"). You also may not:

  • modify, alter, revise, paraphrase, omit, or change any material on or from this Site or Services without Permission;
  • create derivative works, whether based in whole or in part upon the material on this Site or Services, or any portion thereof, without Permission;
  • modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material on or from this Site or Services; or
  • link into or use for any public or commercial purpose materials on or obtained from this Site without Permission

Nothing contained on this Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material.

Licenses

We may use various market indices, industry rankings, industry ratings or peer group comparisons on our Site. Most of these measurements are trademarks, service marks or copyrights of the sponsoring companies, and are licensed for our use. However, these companies do not sponsor, endorse, sell or promote our investment strategies or products, and make no representation regarding the advisability of investing in our products or strategies. For additional information about these measurements, please contact us.

Links to Other Web Sites

This Site may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Links to Linked Sites are provided only as a convenience to users of this Site. Please note that when you click on a Linked Site, you may be moving to another provider's website. These Linked Sites and their providers are not controlled by us and we are not responsible for the contents or the operation of any Linked Site.

The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by us. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.

Termination

We reserve the right to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree that we shall not be liable to you or any third party for any termination of your access to or use of this Site.

Disclaimers

The information provided on this Site or in any Service is not financial, tax or legal advice and we do not give advice or offer any opinion with respect to the suitability of any security. All information available on or through this Site is provided for information purposes only, and no reference to any specific security constitutes a recommendation, solicitation or offer to buy, sell, or hold that security or any other security nor should it be used in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other instrument. This Site is not, and under no circumstances is it to be construed as, an offering memorandum, prospectus, advertisement or public offering of any securities.

Such information does not attempt or claim to be a complete description of the securities, markets, or developments referred to on this Site.

You acknowledge and agree that your decision to use the Services available on or though this Site or to take any action or refrain from taking any action as a result of your use of this Site will be your decision alone, based solely on your own evaluation of your financial circumstances, your personal circumstances, your investment objectives, your risk profile and investment time horizon and the nature, potential value and suitability of the transactions you make. There is no guarantee that any investment objectives or strategies will be achieved and the value of investments may change frequently.

In considering prior performance information, if any, contained on the Site, you should bear in mind that past performance is not indicative of future results, and there can be no assurance that any investment strategy will achieve comparable results.

You should consult an appropriate professional for specific advice tailored to your situation.

WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING MARKET VALUE LOSS ON THE SALE OR PURCHASE OF SECURITIES OR OTHER INSTRUMENTS OR OBLIGATIONS.

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES AND CONDITIONS REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO:

(i) THE SITE;

(ii) ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE;

(iii) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND

(iv) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES.

FURTHER, WE AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE.

Any statements and opinions expressed are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent our views. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.

EXCEPT AS PROVIDED BY LAW, NEITHER WE NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES AND CONDITIONS; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING THIS SITE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM THIS SITE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THIS SITE OR SERVICES OBTAINED THROUGH THIS SITE. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE, ANY SERVICES, OR THE PRIVACY POLICY IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless us and our third party providers, and each of our officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees, relating to any information you submit, post to or transmit through this Site, your use of the Site or Services, your connection to the Site, your violation of these Terms of Use or any harm you cause another user of the Site or Services.

Access Requirements

Certain parts of this Site may require a password. Further, for authentication purposes, certain features on this Site may require you to answer a designated security question. You agree to provide us with current, complete and accurate information as prompted by the applicable registration process. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected materials or information, through any means not intentionally made available to you by us.

You are responsible for maintaining the confidentiality of any password and security questions and answers that you use to access any page or feature on this Site and for logging off of your account and any protected areas of the Site. Further, you are responsible for all transactions, communications, acts or omissions that occur on or through the Site via the use of your password, whether or not authorized by you. Accordingly, you should take steps to protect the confidentiality of your password.

You agree to contact us immediately if you become aware of any disclosure, loss, theft or unauthorized use of, or suspicious activity with respect to, your password or if you believe that someone accessed your account on the Site without your authorization. We will not be responsible for any loss or damage arising from your failure to comply with this provision.

Services provided to you through this Site may involve the electronic transmission, to any e-mail address you provide to us, of information that you may consider to be personal financial information, and you agree and consent to such transmission.

Privacy and Security

We respect our customers' and the Site’s visitors’ privacy. For more information, please read our Online Privacy Policy available at: https://www.bnymellon.com/ca/en/privacy.html.

We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us, the security you use to protect passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.

Severability

If any provision of these Terms of Use is deemed illegal or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement; Jurisdiction and Choice of Law

These Terms of Use constitute your entire agreement with us regarding this Site and any Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Site or Services. As a client of ours, you will also be subject to any other agreements with regard to our services, including the Services.

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. To the maximum extent permitted by applicable law, you expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or Services resides in the provincial courts located in Toronto, Ontario and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND YOU HEREBY WAIVE THE RIGHT OF TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR THESE TERMS OF USE.

Patent Notice

BNY Mellon is licensed under US Patents 5,940,510; 5,949,880; 6,105,013; and 6,237,095. Certain subsidiaries of BNY Mellon are licensed by Data Treasury Corporation under US Patents 5,910,988 and 6,032,137, and any patents in any other jurisdictions of the world.