TERMS OF USE

1. ACCEPTANCE OF TERMS

The following Terms of Use Agreement (the "Terms of Use") sets out the terms and conditions under which you may view the website located at http://qemp.ca and use any and all products, services, content, tools, and information available through the website (collectively referred to as the "Site" or the "Site Content"). Please read these Terms of Use carefully. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agreed to be legally bound by the Terms of Use.

These Terms of Use are in addition to any other agreements with you in connection with the Quebec Emerging Manager Program (“QEMP”), including but not limited to any customer or account agreements that govern your use of QEMP products, services, content, tools, and information referred to on this Site.

Your use of the Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. We reserve the right to change the Site and the Terms of Use at any time, without notice. If you view the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended.

2. AUTHORIZED AND PROHIBITED USES

2.1. Authorized Use
You are hereby granted a non-exclusive, personal, non-transferable, non sub-licensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which, you are a user, for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the Site only for lawful purposes and in conformity with the Permitted Uses. No other use of the Site is authorized unless previously approved in writing by the Site owner.

You may print copies of the Site's Content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal disclaimers furnished in the footnotes under "Legal Disclaimer" as shown Site. Creating a link to the Site is not permitted, unless expressly agreed otherwise in writing by the Site owner.

2.2. Prohibited Uses
Because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any servers, or any network connected to any servers. You may not use the Site in any manner that would interfere with any other party's use of the Site.

You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available on or through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is permitted without obtaining a prior written consent from the Site owner. Any modification or unauthorized use of the Terms of Use is a violation of the Site owner's copyrights and other proprietary rights.

3. CONTENT

The content of the Site is provided as part of the QEMP for informational purposes only. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.

Reasonable precautions have been taken to ensure that Site Content is complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to guarantee the accuracy of the data you access on or through the Site. Site Content is presented only as of the date published or indicated and may change without notice following market events or other reasons. The Site owner has no duty to update this Site. The Side owner shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you or others based on the accuracy of the data presented on the Site.

The Site is not intended to provide any tax, legal, or investment advice, and nothing on the Site should be construed as a recommendation to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. It is recommended to consult an attorney or tax professional regarding your specific legal or tax situation.

4. LIMITATION OF LIABILITY

You acknowledge and agree that the Site is provided on an “as is” and “as available” basis. No party connected to the QEMP (collectively, the “QEMP Parties”) guarantees the timeliness, accuracy, reliability, completeness, or usefulness of any aspect of the Site, all of which are assumed solely by you. None of the QEMP Parties warrants that the Site will meet your needs or expectations, or be uninterrupted, secure or error free or that the Site, its server or any files available for downloading through the Site are free of computer viruses or other harmful elements. The QEMP Parties have no responsibility for viruses or any other damage that may be caused to you as a result of using the Site. Periods of volatile or unusual market activity, in particular, may affect systems availability or response time.

All of the QEMP Parties hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, regarding the Site and its usage, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, all of the QEMP Parties disclaim any warranties with respect to any results that may be obtained from the use of the Site. QEMP Parties also disclaim responsibility for any damages caused to you, by third parties, in whole or in part, through or connected to the use of the Site, whether intentional or unintentional.

Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance or other projections are "forward-looking statements". These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of the QEMP Parties. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects.

You agree that under no circumstances will the QEMP Parties be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages (collectively, the "Excluded Damages"), arising out of, or in any way connected with, your use of or inability to use the Site, including but not limited to: loss of revenue, trading losses, anticipated profits, business, savings, goodwill or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission or computer virus; failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet); severe or extraordinary weather (including notably snowstorm, flood, earthquake); act of God; fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property. Even if the QEMP Parties have been advised of the possibility of or could have foreseen the Excluded Damages further, the QEMP Parties will not be responsible for any failure to comply, by you or any third party, with these Terms of Use or with applicable federal and provincial laws.

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any QEMP Parties (ii) whether the liability stems in negligence, strict liability, contract, tort (including negligence) or any other theory of legal liability and will remain in effect even if any remedy fails in its purpose.

5. PRIVACY

The Site owner reserves the right, but does not have an obligation to access, archive, or monitor any use of the Site by any users or any communications regarding the Site. By using the Site, you accept the Site owner’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, or for any other reason. You agree that the Site owner’s monitoring activities will not entitle you to any cause of action or other right with respect to such monitoring of the Site and the enforcement or attempt to enforce these Terms of Use. You further agree that in no event will the QEMP Parties be liable for any damages incurred by you as a result of the Site owner’s monitoring of the Site usage.

6. INTELLECTUAL PROPERTY

6.1 Acknowledgement.
You acknowledge that the Site, including all text, software, graphics, images and other content or material, is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property rights under the law, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not reproduce, distribute and/or modify the interface or logos including certain names, graphics, icons, designs, words, titles or phrases, except as explicitly previously authorized by the Site owner in writing.

6.2 Claims Procedure.
We reserve the right to remove any content from the Site that is alleged to infringe a copyright. If you reasonably believe that your copyrighted work is accessible on the Site in a way that constitutes copyright infringement, please contact the Director, QEMP.

7. MISCELLANEOUS

7.1 Failure to enforce.
Failure by the Site owner to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.

7.2 Governing Law.
This Agreement will be governed and interpreted under the laws of the province of Quebec and the laws of Canada applicable therein and you consent and submit to the exclusive jurisdiction of the courts of Quebec for the purposes of litigating any such action.

7.3 Severability.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

7.4 Headings are for convenience only.
Captions and paragraph headings are for convenience only and shall not form an interpretative part of this Agreement.

7.5 Compliance.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site content to countries or persons prohibited under the export control laws of Canada.

7.6 Assignment.
These Terms of Use inure to the benefit of the Site owner, its successors and assigns. You may not assign the Terms of Use.

7.7 No Waiver.
No waiver shall be effective unless in writing.

7.8 All rights reserved.
All rights not expressly granted herein are reserved by the Site owner.

8. TECHNICAL SPECIFICATIONS

The Site is generally intended to be viewed by a conventional web browser, such as Explorer 8+, Chrome, Safari, Firefox and Opera. You are responsible for setting the cache setting on your browser to ensure that you are receiving the most recent data. You should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved by the Site owner. You agree that you are responsible for the means that you use to access the Site and understand that your hardware, software, the Internet, your internet service provider, and other third parties involved in connecting you to this Site may not perform as intended or desired.

TERMINATION

You acknowledge and agree that the Site owner may restrict, suspend or terminate the Terms of Use or your access to, and use of all or any part of the Site Content, including a link to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in the Site owner's absolute discretion and without prior notice or liability. The current version of the Terms of Use shall continue to apply to all prior use of the Site. Terms of Use shall survive termination of your use or access to the Site.