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Terms of Use

TERMS AND CONDITIONS OF USE OF OUR WEBSITE

ACCESSING THIS SITE SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS OF USE.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Website for Information Only

This Website is offered for information purposes only. The Website and its affiliated websites are continually under development. Excel Funds Management Inc. and its subsidiaries, affiliates, associates (collectively referred to as "Excel") as well as their directors, officers or employees do not make any representations about the suitability of the information contained on this Website for any purpose.

None of the materials contained in this site is intended as or constitutes a solicitation or an offering of securities by Excel or any of its affiliated companies or partnerships in any jurisdiction. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Excel and Excel makes no commitment and disclaims any duty to update those documents and materials, except as required by law. The information on this Website should not be used for the purpose of making investment decisions concerning Excel. Please read the applicable prospectuses and other materials with respect to investment opportunities and please be advised that the Website and any applicable prospectuses are specifically not intended as an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not authorized or to any person to whom it is unlawful to make such offer or solicitation.

Jurisdictions Outside of Canada

This Website can be accessed from countries other than Canada and may contain references to prospectuses or similar documents which have not been registered in your country. These references do not imply that Excel intends to offer securities in your country.

Warranties

The Website is provided on an “as is” basis. Excel does not warrant that the Website will be uninterrupted or error-free. Excel does not warrant or make any representations or claims of any kind, either express or implied, as to the validity, correctness, currency or otherwise of the information (including any software, text or graphics). There may be delays, omissions, and interruptions in the availability of the Website. Where permitted by law you acknowledge that the Website is provided without any warranties of any kind whatsoever, either express or implied warranties of merchantability and fitness for a particular purpose. Use of this Website is as your own risk.

The information published on this Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Excel may make improvements and/or changes in this Website at any time. Information on this Website is for information purposes only and is not intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard.

Forward-Looking Information

This Website may contain certain information that is forward-looking and is subject to important risks and uncertainties. The words "anticipate", "expect", "believe", "may", "should", "estimate", "project", "outlook", "forecast" or other similar words are used to identify such forward-looking information. Forward-looking statements in this Website are intended to provide Excel unitholders and potential investors with information regarding Excel and its subsidiaries, including management's assessment of Excel's financial and operations plans and outlook. All forward-looking statements reflect Excel's beliefs and assumptions based on information available at the time the statements were made. Actual results or events may differ from those predicted in these forward-looking statements. By its nature, forward looking information is subject to various risks and uncertainties, which could cause Excel's actual results and experience to differ materially from the anticipated results or expectations expressed. Readers are cautioned to not place undue reliance on this forward looking information, which is given as of the date it is expressed in this Website or otherwise, and to not use future-oriented information or financial outlooks for anything other than their intended purpose. Excel undertakes no obligation to update publicly or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.

Modifications

We may modify these Terms and Conditions of use of this Website from time to time. If you do not agree to any modifications, you should terminate your use of the Website. Your continued use of the Website now, or following the posting of any revised Terms and Conditions of use of this Website, will constitute a binding acceptance by you of the Terms and Conditions of use of this Website as they may be modified from time to time.

Intellectual Property

All material on this Website belongs to Excel or third parties, and is protected under the copyright laws and trademark laws of Canada and other applicable jurisdictions. Materials such as text, photographs, and other images and sound on this Website are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by, or licensed to Excel, the material on this Website may not be reproduced, published, transmitted or distributed without written permission from Excel. Excel will, however, allow visitors to the Website to make a single copy of materials published on this Website for their personal, non-commercial use provided that the material is not modified and that copyright, trademark and other proprietary notices are not deleted.

Except as otherwise noted, the trademarks, service marks, logos, icons, designs, names and trade names displayed on this Website are the trademarks and logos of Excel and may not be used in any way or for any purpose without the written consent of Excel.  Written consent is also required to use any trademarks of third parties displayed on this site. For clarity, no license to use any Excel or third party trademarks or other names is granted on this Website.

Any unauthorized use of the material on this Website including re-publication, unauthorized downloading, retransmission, copying, modification, or other exploitation of this Website or the information on this Website may violate copyright, trademark and other intellectual property laws and may result in legal action. In addition, you may not hyperlink or frame this Website without the prior written consent of Excel.

External Links

This Website may contain links to other sites. Excel does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Excel is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Excel is affiliated or associated with same. Excel does not recommend or endorse any of the content including without limitation any hyper-links to or content found on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

Limitation of Liability

In no event will Excel, its affiliates, officers, employees, directors or agents, be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to damages for lost revenue, lost or damaged data, costs or other commercial or economic loss, whether based in contract, tort or any other theory of liability, arising out of your access to, use of, reliance on, inability to use or misuse of this Website or any material on the Website, any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from this Website, or any consequences flowing therefrom, any inaccuracy or omission in information contained on this Website or the failure to keep the information current, any Internet software used in connection with this Website or computer viruses or other destructive programs encountered as a result of using this Website, and any other matter connected with this Website even if Excel has been advised of the possibility of such damages or claim.