Acceptance of Terms of Use

Please carefully read these Terms of Use (these "Terms"). Your access to or use of this website signifies that you understand and agree to be bound by these Terms. If you do not agree to be bound by or comply with these Terms, do not access or use this website.

General

All information contained on this web site is provided for information purposes only. The information and data provided on this web site are believed to be reliable when posted. Howard Barclay & Associates Limited ("HBA") cannot guarantee that they re accurate or complete or that they will be current at all times.

THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK APPROPRIATE, QUALIFIED PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.

Nothing on this web site is intended to provide or constitutes legal, accounting, tax or business advice and is not to be relied upon in that regard. The information on this web site is subject to change without notice.

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this Website.

The investment advisory services of HBA are restricted to those jurisdictions in which HBA holds the appropriate registrations. Information concerning the jurisdictions in which HBA is registered can be obtained by contacting us directly.

The security of electronic mail sent through the Internet is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. Delivery, and timely delivery, of electronic mail is also not guaranteed. HBA therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until HBA can confirm your instructions or obtain appropriate written documentation where necessary.

Complete confidentiality and security is not yet possible over the internet and privacy cannot be assured in communications to us.

HBA is not responsible, in any manner, for direct, indirect, special or consequential damages howsoever caused arising out of any reference to, reliance on or use of this web site or any communication of information to us.

Login IDs, Passwords and User Responsibilities and Restrictions

Login IDs and Passwords

All login IDs and passwords remain the property of HBA, and may be cancelled or suspended at any time by HBA in its sole discretion, and without any notice or liability to you or any other person.

The use of a login ID and password does not restrict access by HBA to password-protected information. HBA may in its sole discretion refuse to grant you a login ID or password or any particular login ID or password you may request.

For security reasons, you must keep your login ID and password confidential and not disclose them to any person or permit any other person to use them. You must take all reasonable precautions to maintain the secrecy of your login ID and password, including ensuring that any information stored on any computer with which you access the Web Site is protected against unauthorized access by third parties. Some Internet browser applications provide a "save password" feature that allows the user to electronically store passwords for easy future access to a particular Web site; you must not use this feature in conjunction with the Web Site.

Once you have initiated a session in connection with the Web Site, you must not leave the Internet terminal from which you have accessed the Web Site until you have terminated that session and have logged off the Web Site. You are responsible for ensuring that you have logged-off the Web Site at the termination of any Web Site session.

User Responsbilities and Restrictions

YOU ARE RESPONSIBLE AND LIABLE FOR ANY USE AND MISUSE OF YOUR LOGIN ID OR PASSWORD IN CONNECTION WITH THE WEB SITE, AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR LOGIN ID OR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR LOGIN ID OR PASSWORD COMPLY WITH THIS NOTICE.

THE SECURITY AND PRIVACY PROVIDED BY LOGIN IDS AND PASSWORDS IS NOT COMPLETE OR RELIABLE, AND CAN BE CIRCUMVENTED. YOUR USE OF YOUR LOGIN ID AND PASSWORD IS AT YOUR OWN RISK.

YOU MUST NOTIFY HBA IMMEDIATELY BY TELEPHONE (1-905-337-2401) BETWEEN THE HOURS OF 8:00 a.m. to 5:00 p.m. EST, MONDAY THROUGH FRIDAY, OF ANY UNAUTHORIZED USE OF YOUR LOGIN ID OR PASSWORD, OR IF YOU KNOW OR SUSPECT THAT YOUR LOGIN ID OR PASSWORD MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON OR MIGHT OTHERWISE BE AVAILABLE FOR UNAUTHORIZED USE OF THE WEB SITE. UNTIL YOU GIVE SUCH NOTICE TO HBA AND HBA ACTUALLY RECEIVES AND PROCESSES IT, YOU WILL CONTINUE TO BE LIABLE FOR ALL ACTIVITY THAT MAY OCCUR AS A RESULT OF AUTHORIZED OR UNAUTHORIZED USE OF YOUR LOGIN ID OR PASSWORD.

Sending Inquiries and Instructions Through the Web Site

If you are a registered Client, you may use the Registered Client-only areas of the Web Site to: (a) send general inquiries to HBA; (b) send inquiries to HBA regarding any present or future account that you have with HBA, or any account over which you have authority (collectively, "the Accounts"), or (c) send instructions to HBA regarding the Accounts (except instructions regarding purchases, sales, switches or redemptions). YOU MAY NOT USE THE WEB SITE TO SEND INSTRUCTIONS TO HBA REGARDING PURCHASES, SALES, SWITCHES OR REDEMPTIONS.

You may not send time-sensitive inquiries or instructions to HBA through the Web Site, but rather must use another permitted method of communication.

You authorize HBA to: (a) accept inquiries or instructions that it receives from you through the Web Site with respect to your accounts with HBA, as permitted hereby, as if those inquiries or instructions had been given directly by you in writing and signed by you, even if they may conflict with any other mandate given at any time by you or any other person; and (b) to respond through the Web Site to any inquiries or instructions you may give to HBA.

Inquiries or instructions you may send to HBA are not effective unless and until they are processed by HBA. HBA will not issue an acknowledgement of receipt of any inquiries or instructions you may send to HBA.

HBA may refuse to process any inquiries or instructions communicated to HBA, or may reverse the processing of any such inquiries or instructions, at any time in HBA's sole discretion, and without any prior notice or liability to you or any other person, including, without limitation, if: (a) HBA cannot process the inquiries or instructions; (b) the inquiries or instructions violate any provision in this Notice or any agreement you or any other person may have with HBA; (c) HBA considers that the inquiries or communications conflict with your investment objectives; or (d) there is an operational failure or malfunction in connection with the transmission of the inquiries or instructions, except that HBA may refuse to process, or reverse the processing of, instructions regarding purchases, sales, switches or redemptions only in accordance with applicable securities laws.

You may request to cancel any inquiries or instructions communicated to HBA, however HBA may not process your cancellation request before it processes your inquiries or instructions, in which case your cancellation request will not be effective.

You are responsible for ensuring that any inquiries or instructions you may send to HBA are true, accurate and complete. HBA will rely upon the truth, accuracy and completeness of the inquiries or instructions you may send to HBA. If you submit any incorrect or incomplete inquiries or instructions, or if any inquiries or instructions are damaged or distorted during transmission to HBA, you will be responsible for any loss, damage or additional costs that you, HBA, or other persons may incur as a result.

HBA IS NOT REQUIRED TO CONFIRM THE IDENTITY OR AUTHORITY OF ANY PERSON USING YOUR LOGIN ID OR PASSWORD. HBA MAY ACT UPON ANY INQUIRIES OR INSTRUCTIONS WHICH ARE GIVEN WITH THE USE OF YOUR LOGIN ID OR PASSWORD. HOWEVER, HBA MAY, IN ITS SOLE DISCRETION, REQUIRE PROOF AT ANY TIME OF THE AUTHORITY OF ANY PERSON SEEKING TO USE OR SEND INSTRUCTIONS TO HBA USING YOUR LOGIN ID OR PASSWORD, AND MAY REFUSE TO ACCEPT OR ACT UPON ANY INQUIRIES OR INSTRUCTIONS TO HBA IF IT IS NOT SATISFIED WITH SUCH PROOF.

IN NO CIRCUMSTANCES WILL HBA BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY OTHER PERSON BY REASON OF ANY FAILURE OR REFUSAL BY HBA TO GIVE EFFECT TO, OR FOR ANY DELAY BY HBA IN RECEIVING, ACCESSING, OR PROCESSING ANY INQUIRIES OR INSTRUCTIONS SENT TO HBA.

Copyright

All information contained on this web site is protected by copyright. Users of the web site shall only be entitled to copy the web site for their own personal use and may not republish or reproduce any substantial part of the web site in any manner whatsoever, including electronically reproducing this web site by "uploading", "downloading" or accessing the web site on the Internet or in any other local or international computer system, without the prior written permission of HBA. An acknowledgment of the source must be included whenever HBA's material is copied or published. If you require any further information on the permitted use or license to reproduce or publish any material, address your inquiry to us c/o the President. Any infringement of HBA’s rights will result in an appropriate legal action. HBA disclaims any and all liability for any consequences which may result from the unauthorized reproduction or use of this web site whatsoever.

Hyper Links Are Not Endorsements

Links to web sites outside this web site are provided only for your convenience. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this web site.

Governing Law

This Website will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with this website shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this website. Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in effect.